Miss L Hughes v EBS Systems Ltd (in administration): 4102073/2020

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4102073/2020
Miss L HughesClaimantEBS Systems Ltd (in administration)Respondent
Employment Judge M WhitcombeDate 24 November 2021

JUDGMENT

The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that the claim has not been actively pursued in terms of rule 37(1 )(d)

REASONS

1 . On 8 June 2020, the Tribunal informed the claimant that as the respondent is in administration, the consent of the administrator is required in order for the claim to proceed. The claim was sisted to allow the claimant time to obtain consent. On 10 December 2020, the Tribunal wrote to the claimant seeking an update on whether consent had been obtained. The claimant did not confirm that consent had been given to allow the claim to proceed. On 21 January 2021, the Tribunal wrote to the claimant to confirm that the consent of the administrator was required to proceed. A reminder was sent by the Tribunal on 4 August 2021 .[2]On 6 September 2021 the Tribunal gave the claimant an opportunity to give written reasons by 20 September 2021 or to request a hearing in order to consider why the claim should not be struck out.[3]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim. Judge: Mark Whitcombe Date of Judgement: 24 November 2021