J Moodie v TGK Logistics Scotland Ltd: 8000311/2024
JUDGMENT
The claim is struck out under the provisions of rule 37 (1)(d) of the Employment Tribunals Rules of Procedure 2013 on the grounds that it has not been actively pursued.REASONS
[1]On 02 July 2024 the Tribunal wrote to the claimant asking for further specification of the claims being made in light of the respondent’s failure to lodge an ET3 response form. No reply was received from the claimant.[2]On 18 July 2024 the Tribunal issued a reminder to the claimant to reply to the earlier correspondence. No reply was received from the claimant.[3]On 29 July 2024 the Tribunal gave the claimant an opportunity to give written reasons by 12 August 2024 or to request a hearing in order to consider why the claim should not be struck out.[4]The claimant replied on 31 July 2024 confirming they had lost their phone and access to email correspondence but stated they would telephone the Tribunal the following day to progress matters.[5]On 02 August 2024 the Tribunal acknowledged the claimant’s correspondence dated 31 July 2024 confirming a written reply to the strike out warning letter must be received by 12 August 2024. No reply was received from the claimant.[6]The claim is therefore struck out under rule 37(1)(d) of the Employment Tribunals Rules of Procedure 2013.