Case 3327493/2019 · Employment Tribunal
Claimant v Kwik-Fit (GB) Limited — 2020
- Case reference
- 3327493/2019
- Decision date
- 16 September 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Wiseman Claimant
- Venue
- Glasgow
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe claimant presented a claim on 11 December 2019 asserting that he had been unfairly dismissed. The respondent admitted that the claimant had been dismissed for gross misconduct, but denied unfair dismissal. The case was listed for a three-day in-person hearing in Glasgow on 14, 15 and 16 September 2020, and the tribunal wrote to the claimant on 10 September 2020 asking him to confirm attendance and whether anyone in his household had Covid-19 symptoms.
The claimant replied confirming that he would attend and that he was symptom free, but he did not in fact attend the hearing. The clerk phoned the mobile number on the claim form and received no response. Mr MacPhail for the respondent said the claimant had also not responded to recent emails sent in preparation for the hearing, had failed to provide a witness statement, and had not actively pursued the case. He invited the tribunal to strike out the claim under Rules 30(b), (c) and (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
The Employment Judge decided, having regard to the claimant's failure without explanation to attend the hearing and to the respondent's submissions, to strike out the claim under Rule 30(b) and (d). The tribunal did not make any substantive finding on whether the dismissal for gross misconduct was fair or unfair, and no remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was for unfair dismissal. The respondent admitted dismissal for gross misconduct but denied that the dismissal was unfair. The tribunal did not determine the merits because it struck the claim out after the claimant failed to attend the hearing. | Struck out | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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