Case 4107647/2021 · Employment Tribunal
Mr R Campbell v Mr R . B. McGarrie — 2022
- Case reference
- 4107647/2021
- Decision date
- 4 February 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge S MacLean
Parties
2 namedClaimant
Mr R Campbell
Respondent
Key findings
Tribunal's reasoningEmployment Judge S MacLean struck out Mr R Campbell's claim under rule 37 of the Employment Tribunals Rules of Procedure 2013 because it had not been actively pursued. The tribunal recorded that on 7 April 2021 it asked the claimant to confirm that he had received payment from the respondent and intended to withdraw the claim, but no reply was received.
The tribunal then sent further reminders on 10 May 2021, 28 June 2021, 4 August 2021 and 3 November 2021. No replies were received to any of those reminders.
On 3 December 2021 the tribunal gave the claimant an opportunity to provide written reasons by 13 December 2021 or to request a hearing on why the claim should not be struck out. The claimant did not give an acceptable reason and did not request a hearing, so the tribunal struck out the claim on the ground in rule 37(1)(d) that it had not been actively pursued.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment does not identify the underlying substantive claim type(s). The tribunal struck out the claim under rule 37(1)(d) on the basis that it had not been actively pursued, after repeated unanswered requests and reminders following the claimant's apparent receipt of payment from the respondent. | Struck out | — | — |
Legal tests applied
2 references- rule 37
- rule 37(1)(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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