Case 4108063/2021 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4108063/2021 Mr M Uzarowicz v Tony Macaroni Ltd — 2021
- Case reference
- 4108063/2021
- Decision date
- 30 August 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Robert Gall
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4108063/2021 Mr M Uzarowicz
Respondent
Key findings
Tribunal's reasoningThe Employment Judge, Robert Gall, struck out Mr M Uzarowicz's claim against Tony Macaroni Group Limited under rule 37 of the Employment Tribunals Rules of Procedure 2013. The stated reason was that the claim had not been actively pursued within rule 37(1)(d).
The tribunal recorded that on 30 June 2021 it wrote to the claimant seeking comments by 7 July 2021 on paragraphs 4, 11 and 12 of the paper apart and ET3 response form, but no reply was received. It then wrote again on 16 July 2021 seeking comments on the respondent's strike out application dated 9 July 2021, and again received no reply.
On 3 August 2021 the tribunal gave the claimant an opportunity to provide written reasons by 18 August 2021, or to request a hearing to explain why the claim should not be struck out. The claimant did not provide an acceptable reason or request a hearing, and the tribunal therefore struck out the claim. No monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Working time regulations | The claim was struck out under rule 37 on the ground that it had not been actively pursued under rule 37(1)(d). The judgment does not set out the substantive underlying working time issues. | Struck out | — | — |
Legal tests applied
2 references- rule 37 of the Employment Tribunals Rules of Procedure 2013
- 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
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