D Ross v Pitlessie Pantry Ltd (Compulsory Liquidation): 8001174/2025
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 8001174/2025
Between
D RossClaimantPitlessie Pantry Ltd (CompulsoryRespondent
Before
Employment Judge D HoeyDate 12 August 2026
JUDGMENT
The claim is struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it has not been actively pursued.
REASONS
[1]The respondent company is in compulsory liquidation. The claimant was notified by letter dated 18 October 2025 of the need to obtain the consent of the court for these proceedings to be instituted or continued as required by the Insolvency Act 1986. No such consent has been obtained.[2]On 11 June 2026 the Tribunal wrote to the claimant and asked for confirmation by 25 June 2026 that they had sought permission of the court to proceed and, if so, what was the outcome. No reply was received.[3]On 20 July 2026 the Tribunal gave the claimant an opportunity to give reasons by 3 August 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 respond.[4]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.