EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103581/2018 & 4108787/2018 Held in Glasgow on October 2019 Employment Judge W A Meiklejohn Miss K Kelly v Represented byMr S Healey - Solicitor Nestor Primecare Services Limited t/a Allied Healthcare — 2019

At a hearing in Glasgow on 9 October 2019, Employment Judge W A Meiklejohn considered case numbers 4103581/2018 and 4108787/2018. Miss K Kelly was represented by Mr S Healey, solicitor. Nestor Primecare Services Limited t/a Allied Healthcare, the first respondent, did not appear and had no representation; the second and third respondents were represented by Mr P J Harvey, solicitor.

The tribunal recorded that the first respondent was in administration and had previously been under a company voluntary arrangement. It found that neither the joint administrators nor the joint supervisors of the CVA wished to participate in the proceedings. In those circumstances, the ET3 responses lodged by the first respondent in respect of both case numbers were treated as not being actively pursued.

The tribunal therefore struck out the first respondent's responses under rule 37(1)(d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The judgment is procedural only and does not determine the merits of the whistleblowing/public interest disclosure or unfair dismissal claims, and it records no monetary award.