Mr D Bruce v Energy Assets Ltd: 4103720/2022

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4103720/2022Venue DundeeHearing 22 November 2022
Mr David BruceClaimantEnergy Assets LimitedRespondent
Employment Judge McFatridgeDate 20 December 2022

JUDGMENT

[1]The respondent’s application to strike out the claim in terms of rule 47 on the basis of the claimant’s failure to attend preliminary hearings on 26 September and 1 November 2022 is refused.[2]The respondent’s application to strike out the claim under rule 37 on the basis that it had no reasonable prospect of success is refused (following the respondent indicating they were no longer insisting on this application.)[3]The claimant’s claim of race discrimination having been withdrawn is dismissed in terms of rule 52. E.T. Z4 (WR)[4]A Deposit Order under rule 39 is granted in the terms attached so that the claimant will require to pay a deposit of £50 each as a pre-condition of pursuing his claims of unfair dismissal and disability discrimination.

REASONS

[1]Oral reasons were given at the hearing. JUDGMENT[2]The claim of Unfair Dismissal and the claim of Disability Discrimination is struck out. REASONS[3]The claimant was ordered to pay a deposit of £100 (£50 for each claim) by 13 December 2022 following a preliminary hearing held on 22 November 2022.The Order was sent to the claimant on 22 November 2022. The claimant has failed to pay this deposit. The allegation/argument for the claims of Unfair Dismissal and the claim of Disability Discrimination contained in the claim is therefore struck out in accordance with Rule 39(4) of the Rules of Procedure