Mr G K Hay v Mowi Scotland Ltd: 4105484/2024
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]On 11 June 2024, the Tribunal listed a preliminary hearing to take place on 14 November 2024. On 1 November 2024, the claimant’s representative confirmed that they were no longer acting on the claimant’s behalf. It was confirmed that the claimant was aware and had been provided with potential sources of assistance.[2]The claimant did not correspond with the Tribunal at any point and failed to lodge his completed case management agenda. Furthermore, the claimant did not contact the Tribunal to say that he did not intend to or could not attend the preliminary hearing.[3]On 14 November 2024, the preliminary hearing took place in the claimant’s absence and Employment Judge Macleod directed that a strike out warning should be issued.[4]On 19 November 2024 the Tribunal gave the claimant an opportunity to give written reasons by 3 December 2024 or to request a hearing in order to consider why the claim should not be struck out.[5]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. M Macleod