EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103797/2022 (V) Held via Cloud Video Platform (CVP) in Glasgow on October 2022 (with subsequent deliberation in chambers) Employment Judge W A MeiklejohnMr Alastair Hendry v Ally Hendry Welding Ltd (in liquidation) First RespondentNo appearance andNo representation Department of Business, Energy and Industrial Strategy — 2022

At the final hearing on 14 October 2022, Mr Hendry was pursuing claims for arrears of pay and holiday pay. He also said at the start of the hearing that he did not have the requisite qualifying service for a redundancy payment. During the hearing he became disconnected from the CVP hearing at 11.33, did not rejoin after adjournments at 13.00 and 14.15, and the tribunal was unable to contact him.

The tribunal did not dismiss the case for non-attendance under rule 47. Instead, it relisted the matter for a continued hearing and wrote to Mr Hendry on 17 October 2022 asking him to explain his disconnection and confirm whether he still wished to pursue the claim. When he did not respond, a further strike out warning letter was sent on 1 November 2022 giving him another opportunity to make representations or request a hearing. He again did not reply.

Applying rule 37 of the Employment Tribunal Rules of Procedure 2013, including the requirement in rule 37(2) for a reasonable opportunity to make representations, and taking account of the overriding objective in rule 2, the tribunal concluded that the claims were not being actively pursued. It referred to Evans and another v Commissioner of Police of the Metropolis 1993 ICR 151 when considering the approach to strike out. The tribunal therefore struck out the arrears of pay and holiday pay claims under rule 37(1)(d). No monetary award was made.