K J H Oldham v The Majestic Line (Scotland) Ltd: 8002722/2025
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]A case management preliminary hearing was listed for 19 February 2026 at 2.00pm to take place remotely by video conference. On 4 February 2026 the claimant's legal representative wrote to the Tribunal withdrawing from acting as they had been unable to make contact with the claimant or obtain their instructions. The claimant's legal representative provided a personal email address for the claimant. On 18 February 2026 the Tribunal sent joining instructions for the video conference on 19 February 2026 to the claimant's personal email address.[2]At 2.00pm on 19 February 2026 the claimant was not in attendance at the hearing nor was the claimant represented. The clerk contacted the claimant on their personal email address to ask if the claimant intended to join the hearing. By 2.20pm there was no response from the claimant. The case management preliminary hearing was therefore postponed.[3]On 20 February 2026 the Tribunal gave the claimant an opportunity to give written reasons by 6 March 2026 or to request a hearing in order to consider why the claim should not be struck out.[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 therefore strikes out claim.