Case 4103047/2023 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge d’Inverno Case Number: 4103047/2023 Mr M Theiss v Mass Hospitality Ltd — 2026
- Case reference
- 4103047/2023
- Decision date
- 13 April 2026
- Jurisdiction
- Scotland
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge d’Inverno Case Number: 4103047/2023 Mr M Theiss
Respondent
Key findings
Tribunal's reasoningThe Tribunal struck out the claim under rule 38 of the Employment Tribunal Procedure Rules 2024 on the ground that it had not been actively pursued under rule 38(1)(d). The judgment does not identify the underlying substantive claim in the extracted text.
The reasons record that Orders were issued to the parties on 12 January 2024 to be complied with before a final hearing. The parties did not comply with those Orders, no contact was made with the Tribunal, and a reminder issued on 29 December 2025 received no response.
On 09 March 2026 the Tribunal gave the claimant until 23 March 2026 to provide written reasons or request a hearing to address why the claim should not be struck out. The claimant did not give an acceptable reason or request a hearing, and the Tribunal therefore struck out the claim. No remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment strikes out the claim under rule 38 for not being actively pursued, but the extracted judgment text does not identify the underlying substantive cause of action. | Struck out | — | — |
Legal tests applied
2 references- rule 38 of the Employment Tribunal Procedure Rules 2024
- rule 38(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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