Miss A Clark v Anderson Property Services (Scotland) Ltd: 8001092/2024
JUDGMENT
The claim is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim has not been actively pursued in terms of rule 38(1)(d).REASONS
[1]The claim was listed for a final hearing on 11 to 14 March 2025. The claimant did not attend the hearing. The Tribunal considered whether to dismiss the claim in the claimant’s absence. The Tribunal considered the information available which included a Fit Note provided by the claimant. In all the circumstances, the Tribunal decided not to dismiss the claim. The claimant was asked by the Tribunal to obtain a soul and conscience certificate from her General Practitioner confirming that she was unable to attend the hearing due to ill health and confirming when it was anticipated that she would be well enough to attend a hearing. The claimant was informed that this information would assist the Tribunal to arrange further dates for a final hearing. The claimant was asked to provide the above certificate and information by 28 March 2025. The claimant did not provide the above certificate or information to the Tribunal. The claimant did not contact the Tribunal. A reminder was sent to the claimant on 4 April 2025. The claimant did not reply to the Tribunal.[2]On 22 April 2025 the Tribunal gave the claimant an opportunity to give written reasons by 9 May 2025 or to request a hearing in order to consider why the claim should not be struck out on the grounds that the claim has not been actively pursued in terms of Rule 38(1)(d) of the Employment Tribunal Rules of Procedure 2024. The claimant did not reply to the above letter. The claimant did not contact the Tribunal.[3]The claimant has failed to give an acceptable reason why a judgment striking out her claim should not be made or to request a hearing. The Tribunal therefore strikes out the claim.