Mr Dylan Coates v The Crab Company (Scotland) Limited — 2021

The claimant presented claims on 16 May 2021 complaining of unfair dismissal and alleging arrears of pay. The respondents defended the claim on 15 June 2021. On 18 June 2021 Employment Judge O'Donnell directed the claimant to provide further information about the basis on which the tribunal could hear the unfair dismissal complaint, and further reminders and directions followed on 12 July 2021, 3 August 2021, and 23 August 2021. No reply was received from the claimant or on his behalf, and no hearing was requested to explain why the claim should not be struck out.

Employment Judge Ian McPherson struck out only the unfair dismissal part of the claim under Rule 37. The judgment records that the tribunal had no jurisdiction to determine an ordinary unfair dismissal claim because the claimant did not have two years' qualifying service under section 108 of the Employment Rights Act 1996, and no exception to the qualifying period was advanced. The judge also noted that the claimant appeared to have autism and dyslexia, as disabilities recorded on the ET1, but concluded that strike out was still appropriate at that stage because the unfair dismissal complaint had no reasonable prospect of success, had not been properly pursued, and had not complied with the tribunal's orders.

The unlawful deduction from wages part of the claim, brought under section 23 of the Employment Rights Act 1996, was not struck out by this judgment. It was stated to remain unaffected and to continue subject to the unless order issued separately on the same date.