Mr S Adams v Central Union Direct Ltd: 4109508/2021

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4109508/2021
Mr S AdamsClaimantCentral Union Direct LtdRespondent
Employment Judge P O’DonnellDate 12 August 2021

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 19 July 2021 , a preliminary hearing was heard before Employment Judge O’Donnell. No appearance was made by the claimant. The hearing was adjourned to allow every effort to be made to contact the claimant. When there had been no contact from the claimant, the hearing proceeded in his absence. Judge O’Donnell considered that the claimant was not actively pursuing his claim but deemed it appropriate to give the claimant an opportunity to provide an explanation as to why he had been unable to attend.[2]On 22 July 2021 the Tribunal gave the claimant an opportunity to give written reasons by 5 August 2021 or to request a hearing in order to consider why the claim should not be struck out because it has not been actively pursued.[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.