Case 4108709/2021 · Employment Tribunal
Miss S McCoy v Mrs Fiona Barton — 2021
- Case reference
- 4108709/2021
- Decision date
- 24 August 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
Parties
2 namedClaimant
Miss S McCoy
Respondent
Key findings
Tribunal's reasoningOn 28 June 2021, Employment Judge O’Donnell directed Miss S McCoy to comment on Mrs Fiona Barton’s assertion that the claimant had been paid in lieu of notice and had been paid for any outstanding holiday entitlement. The claimant was given 14 days to respond, but no response was received.
On 23 July 2021, the Legal Officer issued a reminder and allowed a further seven days for a response. No response was received. On 4 August 2021, the Tribunal gave the claimant an opportunity to provide written reasons by 18 August 2021 or request a hearing to explain why the response should not be struck out.
The claimant did not give an acceptable reason for the claim continuing or request a hearing. The Tribunal therefore struck out the claim under rule 37 on the ground that it had not been actively pursued. No remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal struck out the claim under rule 37 of the Employment Tribunals Rules of Procedure 2013 on the basis that it had not been actively pursued under rule 37(1)(d). | Struck out | — | — |
Legal tests applied
1 reference- rule 37(1)(d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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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