Case 4108933/2021 · Employment Tribunal
Mr Kris Scullion v Axle Group Holdings Limited — 2021
- Case reference
- 4108933/2021
- Decision date
- 26 November 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Neilson
Parties
2 namedClaimant
Mr Kris Scullion
Respondent
Key findings
Tribunal's reasoningThe tribunal recorded that the case concerned claims for unfair dismissal and unlawful deduction from pay, the latter relating to alleged non-payment of statutory sick pay. The claim was lodged on 4 April 2021, and the alleged dismissal date for the unfair dismissal claim was 19 February 2020. At a preliminary hearing on 12 July 2021, the respondent was ordered to provide a breakdown of a payment of £1,500 made on 4 July 2021, and the claimant was required to say whether he still maintained any sums were due and, in relation to unfair dismissal, to explain why the claim had not been presented within three months of dismissal.
The claimant later emailed saying he wished to pursue the unfair dismissal claim, but he did not set out the sums he said were due. He did not attend the further preliminary hearing on 27 August 2021, attempts to contact him on the morning of that hearing were unsuccessful, and the tribunal proceeded in his absence. It then made an unless order requiring him to provide the respondent with details of his unlawful deductions claim by 18 October 2021, failing which that claim would be dismissed. A further preliminary hearing was fixed to consider time bar in relation to the unfair dismissal claim.
The claimant did not attend the hearing on 24 November 2021 and was not represented. The clerk attempted to contact him by phone and email without success. The respondent confirmed that the claimant had not provided the information required by the 18 October 2021 deadline. In light of the claimant's failure to comply with earlier orders, his non-attendance at the 27 August 2021 and 24 November 2021 hearings, the terms of his email of 23 November 2021, and the unsuccessful attempts to contact him on the day of the hearing, the tribunal decided it was appropriate to dismiss the claim under Rule 47.
The tribunal also stated separately that the unlawful deduction claim had been dismissed in accordance with the terms of the order made at the 27 August 2021 preliminary hearing because there had been no compliance with that order. No monetary award was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed when the claimant failed to appear or be represented at the 24 November 2021 hearing; the tribunal also referred to earlier non-compliance and dismissed the case under Rule 47. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed because the claimant did not comply with the unless order made at the 27 August 2021 preliminary hearing requiring him to provide details of the deduction claim by 18 October 2021. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47
- Rule 38
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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