EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105574/2023 Employment Judge: M A Macleod Mr C Mcdonald v Ross’s of Edinburgh Ltd — 2024

The claimant said he suffered a serious workplace injury on 28 August 2023 because there was no safety on a machine and no training had been given, that he required surgery, and that he was then dismissed without warning or pay. The respondent applied to strike out the claims under Rule 37, arguing that the case was vexatious, had no reasonable prospect of success, and was being conducted in a way that was scandalous, malicious, or non-compliant with Tribunal orders.

The tribunal referred to Rule 37(1)(a) and (b), Rule 37(2), Bennett v Southwark London Borough Council, and Bolch v Chipman. It noted that strike out is a draconian sanction, that the tribunal must consider whether a fair trial remains possible, and that allegations used to advance a claim may still need to be tested by evidence before any findings can be made.

The tribunal found there was a significant factual dispute about what happened, what caused the injury, and who was to blame. Although some of the claimant's wider health and safety allegations and personal injury material were outside the tribunal's jurisdiction, the unfair dismissal and pay claims were not shown to be hopeless at this stage. The claimant was unrepresented and had sought extensions in relation to remedy information, and the respondent's strike-out application was refused so the claims could proceed to a final hearing.