Mr A Stevenson v Cafe Ibiza Ltd: 8000641/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 22:[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £1,030.65 (net), that being the sum of £567.91 for the period 23 November 2024 to 22 December 2024 and £462.74 for the period 23 December 2024 to 31 December 2025. Date sent to parties 6 June 2025 EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 8000641/2025 Employment Judge B Campbell Mr A Stevenson Claimant Café Ibiza Limited RespondentREASONS
[1]The final hearing in this case was set for 10 November 2025, the claimant sent an e-mail at 9.55 am the morning of the hearing to advise that he was currently in hospital with a suspected concussion and was therefore unable to attend the hearing. The hearing was postponed due to exceptional circumstances, and the proceedings sisted, or suspended, for 28 days. The claimant was required, within 14 days to provide to the Tribunal, with a copy to the respondent, written medical evidence in support of his application.[2]The claimant sent an e-mail on 25 November 2025 advising he was still recovering from his head injury which led to concussion. The claimant had requested the discharge letter from his GP and explained he had not been issued one on departure from the hospital as he was not admitted any longer than A&E. The claimant requested additional time to provide the medical evidence. An extension of 14 days was granted to 9 December 2025 for the claimant to provide the medical evidence. Nothing further was received from the claimant.[3]A reminder was sent to the claimant on 11 December 2025 to provide the requested medical evidence with a reply by date of 18 December 2025, no reply was received.[4]On 6 January 2026 the Tribunal gave the claimant an opportunity to give reasons by 30 January 2026 why the claim should not be struck out as it had not been actively pursued. The time limit for so doing has passed and the claimant has failed to comply.[5]On 2 February 2026 the claimant wrote to the Tribunal stating “I do still wish to go ahead with this tribunal.”[6]On 5 February 2026 the Tribunal give the claimant a further 14 days to provide the information sought in the Tribunal’s letter of 11 November 2025 and advised “which failing it is possible a judgment may be issued striking out this claim given it has not been actively pursued and the tribunal's orders have not been followed.”[7]No further reply or information has been providedby the claimant.[8]The claim is therefore struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the ground that it has not been actively pursued.