Mr A Mccunnin v Quiklay Group Ltd: 4102115/2023

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4102115/2023
Mr A MccunninClaimantQuiklay Group LtdRespondent
Employment Judge P O’DonnellDate 4 October 2023

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[1]On 20 April 2023 the Tribunal wrote to the claimant asking him to confirm whether the claim was to be withdrawn. The claimant had indicated in correspondence dated 18 April 2023 the claim would be withdrawn if the respondent fulfilled an agreement to pay monies said to be due for overtime on 21 April 2023. No reply was received from the claimant.[2]On 10 May 2023 and 19 May 2023 the Tribunal issued correspondence to the claimant reminding him to reply to our earlier letter dated 20 April 2023. No reply was received from the claimant.[3]On 19 September 2023 the Tribunal gave the claimant an opportunity to give written reasons by 03 October 2023 or to request a hearing in order to consider why the claim should not be struck out. No reply was received from the claimant.[4]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.