Mrs D Payton v Cornerstone Community Care: 4112897/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4112897/2019
D PaytonClaimantCornerstone Community CareRespondent
Employment Judge N M HosieMs L Fitzpatrick (instructed by Solicitor) for claimantDate 2 March 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 in terms of Rule 37(1 )(d).

REASONS

[1]On 16 February 2023 the Tribunal wrote to the claimant to give her an opportunity to give written reasons by 23 February or to request a hearing in order to consider why the claim should not be struck out.[2]The Tribunal’s letter was returned marked “gone away”. Her solicitors advised that they had no further details for the claimant.[3]The claimant had a duty to maintain contact with her solicitors and the Tribunal. In these circumstances and having regard to the “overriding objective” in the Rules of Procedure, the claim is struck out.