Mr L K Ferreira v DSA Practice Ltd - In Compulsory Liquidation: 4103441/2022

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4103441/2022
Mr L K FerreiraClaimantDSA Practice Limited - In CompulsoryRespondent
Employment Judge M MacleodDate 13 May 2024

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]The Respondent company has gone into compulsory liquidation. The Claimant was advised that they must apply to the court for permission to continue legal proceedings on 1 February 2023. The claimant has not provided evidence that he has applied to the court for permission to continue legal proceedings.[2]On 17 April 2024 the Tribunal gave the claimant an opportunity to give written reasons by 24 April 2024 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 on the grounds that she has failed to pursue the claim actively, in terms of Rule 37(1)(d).