Case 4105361/2020 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4105361/2020 Mr A Iwaniec v Link Living Ltd — 2021
- Case reference
- 4105361/2020
- Decision date
- 25 August 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Peter O’Donnell
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4105361/2020 Mr A Iwaniec
Respondent
Key findings
Tribunal's reasoningThe Tribunal made orders on 15 February 2021 and 27 May 2021 requiring the Claimant to provide further particulars of the basis of his claims so that the Respondent would have fair notice of the case to meet. The Claimant did not comply with those orders and gave no explanation for the non-compliance.
The Claimant also failed to attend the preliminary hearings on 27 May 2021 and 22 July 2021, again without explanation. On 27 July 2021 the Tribunal gave him an opportunity to provide written reasons by 10 August 2021 or to request a hearing on whether the claim should be struck out.
The Claimant did not respond. The Tribunal found that he had not actively pursued the claim for the purposes of rule 37(1)(d), and that the non-compliance prevented a fair trial because the Respondent did not have fair notice of the case and could not prepare for any hearing. The Tribunal therefore struck out the claim under both rule 37(1)(c) and rule 37(1)(d).
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The extracted judgment does not identify the underlying claim heads; it states that the claim was struck out under rule 37(1)(c) and (d) because the Claimant failed to comply with orders for further particulars, failed to attend preliminary hearings, and did not respond to the Tribunal's further correspondence. | Struck out | — | — |
Legal tests applied
3 references- Rule 37(1)(c)
- Rule 37(1)(d)
- Rule 37 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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