Miss N Anderson v L&R Martalo T/a Bothwell Bridge Hotel: 4108779/2018

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4108779/2018
Miss N AndersonClaimantL&R Martalo T/A Bothwell Bridge HotelRespondent
Employment Judge Shona MacleanMiss M Davidson for claimantConsultant for claimantDate 5 November 2018

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 claimant did not attend a Preliminary Hearing on 31 August 2018. The Employment Judge issued a note dated 6 September 2018 directing the claimant to explain her non attendance by 25 September 2018 and confirm if she was proceeding with her claim. If so she was to return the completed agenda by 5 October 2018. The claimant was advised that failure to do so would result in her claim being struck out.[2]In the absence of a reply on 15 October 2018 the Tribunal gave the claimant an opportunity to give written reasons by 29 October 2018 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.