Mr B Clayton v N Ross: 4105563/2022

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4105563/2022
Mr B ClaytonClaimantNathan RossRespondent
Employment Judge MacLeanDate 3 April 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 (rule 37(1)(d)).

REASONS

[1]The claimant has failed to engage meaningfully with the Tribunal since sending an inappropriate and abusive email on 7 December 2022.[2]On 7 February 2023, on the instructions of EJ MacLean, the Tribunal wrote to the claimant with a strike-out warning letter requiring the claimant to give written reasons by 15 February 2023 or to request a hearing in order to consider why the claim should not be struck out on the grounds that the claim had not been actively pursued. No reply was received from the claimant.[3]A further letter was issued to the claimant on the instructions of EJ McManus on 21 February 2023 asking for a reply by 27 February 2023. No reply was received. 3. The claimant has failed to give an acceptable reason why this judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.