Case 4100077/2021 · Employment Tribunal
Mr K McGinn v Barrochan Limited (Dissolved) — 2024
- Case reference
- 4100077/2021
- Decision date
- 7 February 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Wiseman
Parties
2 namedClaimant
Mr K McGinn
Respondent
Key findings
Tribunal's reasoningThe Employment Tribunal for Scotland, before Employment Judge L Wiseman, struck out Mr K McGinn's claim under rule 37 of the Employment Tribunals Rules of Procedure 2013. The stated basis was rule 37(1)(d), namely that the claim had not been actively pursued.
The tribunal recorded that on 24 October 2023 it wrote to the claimant after his representative had withdrawn, asking him to confirm whether he intended to continue with the claim. No reply was received. On 7 December 2023 the tribunal gave him a further opportunity to provide written reasons by 21 December 2023, or to request a hearing on why the claim should not be struck out. No reply was received to that communication either.
The tribunal found that the claimant had not given an acceptable reason why a strike-out judgment should not be made and had not requested a hearing. It therefore struck out the claim. No remedy or monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment does not identify separate substantive heads of claim in the extracted text. The tribunal struck out the claim under rule 37(1)(d) because it had not been actively pursued. | Struck out | — | — |
Legal tests applied
2 references- rule 37 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- rule 37(1)(d)
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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