Mr Shaun McGuigan v La Vita East End Limited — 2023

The Employment Tribunal for Scotland struck out Mr Shaun McGuigan's claim under rule 37 of the Employment Tribunals Rules of Procedure 2013 on the ground that the claim had not been actively pursued within rule 37(1)(d). The judgment records that the tribunal made that decision after the claimant did not respond to repeated correspondence from the tribunal.

On 27 June 2023 the tribunal asked whether the claimant had received the payment specified by the respondent in its ET3 response form, and if so whether the claim was still being pursued. No reply was received. A further letter of 14 July 2023 again asked for a response and invited comment on additional correspondence from the respondent about payment of the specified sum, but there was still no reply. On 24 July 2023 the tribunal gave the claimant until 7 August 2023 to provide written reasons why the claim should not be struck out, or to request a hearing, and no response was received. The tribunal therefore found that the claimant had failed to give an acceptable reason why judgment should not be made or to request a hearing, and struck out the claim.