Case 4103440/2022 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4103440/2022 Ms C McCarthy v DSA Practice Limited - In Compulsory Liquidation — 2024
- Case reference
- 4103440/2022
- Decision date
- 16 May 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Macleod Date
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4103440/2022 Ms C McCarthy
Key findings
Tribunal's reasoningThe Tribunal struck out Ms C McCarthy's claim under rule 37 of the Employment Tribunals Rules 2013 on the basis that it had not been actively pursued under rule 37(1)(d). The respondent company had gone into compulsory liquidation, and the claimant had been told on 1 February 2023 that she needed to apply to court for permission to continue the proceedings.
The claimant did not provide evidence that she had made that application. On 17 April 2024 the Tribunal gave her an opportunity to provide written reasons by 24 April 2024, or to request a hearing, as to why the claim should not be struck out. She 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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Underlying claim type is not stated in the judgment text; classified from the case listing as unlawful deduction from wages. | Struck out | — | — |
Legal tests applied
1 reference- rule 37(1)(d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 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.
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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