Mr G Jackson v J P Fabrication and Design: 4110419/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4110419/2019
Mr G JacksonClaimantJ P Fabrication And DesignRespondent
Employment Judge Mark WhitcombeDate 9 January 2020

JUDGMENT

The part of 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 it is has no reasonable prospect of success in terms of rule 37(1)(a)

REASONS

[1]On 19 November 2019, the Tribunal gave the claimant an opportunity to give written reasons by 3 December 2019 or to request a hearing in order to consider why part of the claim should not be struck out. On the face of the claim form, the claimant had less than 2 years’ service and was not relying on any form of automatically unfair dismissal which might entail an exception.[2]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 that part of the claim.[1]The claimant presented a claim of unfair dismissal and failure to pay wages on 27 August 2019. The unfair dismissal claim was struck out on 12 December 2019 as it had no reasonable prospects of success. The claimant was asked if he wished to pursue his claim for non payment of wages and to respond by 19 December 2019. He failed to do so.[2]On 20 December 2019, the Tribunal gave the claimant an opportunity to give written reasons by 6 January 2020 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.