EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4105463/2022 Mr G McDonald v Represented by: In person East Ayrshire Council — 2023

The case was listed for a final hearing by Cloud Video Platform on 21 December 2022. The respondent attended through its solicitor, but there was no appearance for Mr McDonald. After attempts to contact him, the clerk spoke to him and he said he was waiting to hear whether he was being called for jury service. The tribunal noted that he had not sought a postponement in advance, although he had known about the hearing since the acknowledgment of claim issued on 12 October 2022.

The tribunal postponed the final hearing and then considered whether the claim should be struck out on its own motion. It identified possible grounds under rule 37(1)(b) for unreasonable conduct and rule 37(1)(d) for failure actively to pursue the case, based on his failure to seek a postponement and allowing the hearing to proceed when he had no apparent intention of attending.

Mr McDonald was directed to provide information by 6 January 2023 about when he became aware of jury service, why no postponement had been sought, whether he had sought to be excused from jury service, and whether he had been called to sit on a jury on 21 December 2022. He replied by letter dated 8 January 2023 saying he refused to provide the information and would do so at the final hearing. The tribunal treated that as an inadequate response and as a refusal to comply with an Order of the tribunal, engaging rule 37(1)(c) as well as the earlier concerns.

A further opportunity to respond was sent by email dated 13 January 2023, but no further response was received. The tribunal concluded that his conduct was unreasonable because he had failed to attend a hearing when he was aware in advance that he would not attend, had refused to provide the requested information, and had failed to engage thereafter. It therefore struck the claim out under rule 37(1)(b), (c) and (d).