M McCormick v Edinburgh Airport Ltd: 8001204/2024
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]The claimant was asked on 19 September to provide further information in relation to his claim by 10 October 2024. The claimant has not provided any further information in relation to his claim. A reminder was sent to the claimant on 15 October 2024.[2]On 24 October the Tribunal gave the claimant an opportunity to give written reasons by 7 November 2024 or to request a hearing in order to consider why the claim should not be struck out. On 8 November 2024, the claimant’s former solicitor wrote to request that the claim should not be struck out at that stage, but also confirming that he had no instructions from the claimant and therefore required to withdraw from acting. However, he indicated that if the Tribunal were minded to strike the claim out, he would appreciate the opportunity to address the Tribunal at a Hearing.[3]The Tribunal wrote again to the claimant directly (Mr Bathgate having withdrawn from acting) on 6 December 2024, confirming that the Employment Judge was now minded to strike the claim out, but that if either Mr Bathgate or the claimant requested a Hearing within 7 days the Judge would give consideration to that request. No response was received from either.[4]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal has given the claimant ample opportunity to respond to the strike out warning. The Tribunal therefore strikes out the claim. M A Macleod