Case 4100407/2018 · Employment Tribunal
Mr Brian John Galloway v Respondent — 2018
- Case reference
- 4100407/2018
- Decision date
- 18 April 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
- Venue
- Glasgow
Parties
1 namedClaimant
Mr Brian John Galloway
Respondent
- —
Key findings
Tribunal's reasoningThe claimant's reinstated ET1 concerned unpaid wages and deductions for a uniform. In email correspondence with the Tribunal he said he had worked around 60 hours a week, Monday to Friday, at £7.50 per hour, that he had been paid for the two weeks in September 2014, and that he was claiming roughly £1,500 for October 2014 and the first week of November 2014. The Tribunal also asked about notice pay and holiday pay, and the claimant later said there was no holiday pay involved.
At the final hearing on 6 April 2018 the claimant did not attend and was not represented. After unsuccessful telephone contact attempts, the Employment Judge proceeded in his absence under Rule 47 of the Employment Tribunal Rules of Procedure 2013 and struck out the claim under Rule 37(1)(d) for want of active prosecution. The Tribunal also checked Companies House and found that Swc Security & Training Limited had been dissolved on 28 June 2017, so the claim was dismissed in any event because the respondent no longer existed as a legal entity. No merits findings or award were made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | No merits determination was made. The claim was struck out for want of active prosecution under Rule 37(1)(d) and, in any event, dismissed because the respondent company had been dissolved. | Struck out | — | — |
| Unlawful deduction from wages | No merits determination was made. The claim was struck out for want of active prosecution under Rule 37(1)(d) and, in any event, dismissed because the respondent company had been dissolved. | Struck out | — | — |
| Working time regulations | The claimant later said there was no holiday pay involved, so a separate working time/holiday pay head was not clearly pursued. It was disposed of with the rest of the claim by strike-out and dismissal. | Struck out | — | — |
Legal tests applied
2 references- Rule 47 of the Employment Tribunal Rules of Procedure 2013
- Rule 37(1)(d) of the Employment Tribunal Rules of Procedure 2013
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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