Case 4107435/2023 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4107435/2023 Mr A McNairn v C J Lang & Son Limited — 2024
- Case reference
- 4107435/2023
- Decision date
- 31 July 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge Hosie
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4107435/2023 Mr A McNairn
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing on 15 February 2024, orders were made for the claimant to comply by set dates. At a further preliminary hearing on 28 May 2024, Employment Judge Hosie ordered Mr McNairn to comply with Judge Bradley's orders within 14 days of receipt of the note and warned that if he did not do so the tribunal would take steps to strike out the claim. The claimant did not comply with those orders.
The respondent applied for strike out by email dated 24 June 2024 and renewed that application on 9 July 2024. The tribunal wrote to the claimant on 27 June 2024 and again on 12 July 2024 inviting an explanation for the delay or a request for a hearing. In an email of 28 June 2024, the claimant referred to speaking to the Law Society and to ACAS settlement discussions. The tribunal noted that possible settlement discussions did not excuse compliance with tribunal orders.
No further response was received from the claimant. The tribunal found that he had not given reasons why judgment should not be made or requested a hearing, and it therefore struck out the claim under rule 37 on the grounds of non-compliance with tribunal orders and because the claim had not been actively pursued.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Struck out under rule 37(1)(c) and (d) for non-compliance with Tribunal orders and failure to actively pursue the claim; no merits determination. | Struck out | — | — |
| Disability discrimination | Struck out under rule 37(1)(c) and (d) for non-compliance with Tribunal orders and failure to actively pursue the claim; no merits determination. | Struck out | Disability | — |
| Unlawful deduction from wages | Struck out under rule 37(1)(c) and (d) for non-compliance with Tribunal orders and failure to actively pursue the claim; no merits determination. | Struck out | — | — |
| Unfair dismissal | Struck out under rule 37(1)(c) and (d) for non-compliance with Tribunal orders and failure to actively pursue the claim; no merits determination. | Struck out | — | — |
| Working time regulations | Struck out under rule 37(1)(c) and (d) for non-compliance with Tribunal orders and failure to actively pursue the claim; no merits determination. | Struck out | — | — |
Legal tests applied
1 reference- rule 37(1)(c) and (d)
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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