Case 4100402/2020 · Employment Tribunal
Mr G Baker v Eric Wright Water Ltd — 2021
- Case reference
- 4100402/2020
- Decision date
- 27 February 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge S Walker
Parties
2 namedClaimant
Mr G Baker
Respondent
Key findings
Tribunal's reasoningThe claimant was dismissed by reason of redundancy on 13 September 2019. He notified ACAS on 4 December 2019 and presented his ET1 on 21 January 2020, claiming unfair dismissal and a redundancy payment. The tribunal recorded that the unfair dismissal claim was out of time.
At a telephone preliminary hearing on 21 May 2020, the claimant accepted that he had received a redundancy payment from the respondent, and that part of the claim was withdrawn. At the same hearing he was ordered to confirm in writing by 12 June 2020 whether he intended to proceed with the remaining claim, but he did not do so. A reminder was sent on 2 July 2020, and by email on 16 July 2020 he said he had no intention of taking any further action in the matter.
The tribunal then asked him on 30 July 2020 to confirm whether he was withdrawing his claims, but he did not reply. On 26 August 2020 the tribunal gave him a further opportunity to provide written reasons by 9 September 2020 or to request a hearing to consider why the claim should not be struck out. As he did not give an acceptable reason and did not request a hearing, the tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules of Procedure 2013 on the ground that it had not been actively pursued.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The ET1 included an unfair dismissal claim, which the tribunal noted was out of time. After the claimant did not confirm that he intended to proceed, the tribunal struck out the remaining claim under rule 37(1)(d) on the basis that it had not been actively pursued. | Struck out | — | — |
| Redundancy | At the preliminary hearing on 21 May 2020, the claimant accepted that he had received a redundancy payment from the respondent and withdrew this part of the claim. | Withdrawn | — | — |
Legal tests applied
2 references- rule 37
- 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.
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