EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110800/2019 (C) Reconsideration on papers on October 2020 Employment Judge W A Meiklejohn Mr G Tobias v Ltd (In Liquidation) — 2020

The tribunal reconsidered its earlier decision, sent to the parties on 27 August 2020, striking out the claim under Rule 37(1)(e) on the basis that it was no longer possible to have a fair hearing. The claimant argued that the tribunal had made no finding about who sent an anonymous email, had been influenced by the respondent's submissions, and had not properly assessed whether the respondent's witnesses were sufficiently intimidated.

The tribunal maintained that the relevant issue was the impact of the email, not the identity of its sender. It found the evidence of Mr Fisher and Ms Tobias credible and remained satisfied that they had been intimidated and would have faced giving evidence with fear of consequences. The tribunal considered that this meant a fair hearing was no longer possible.

The tribunal also reconsidered possible alternatives, including Rule 50 measures and a sist pending the outcome of a police investigation, but remained of the view that strike out was the proportionate response. The application for reconsideration was refused and the original strike out judgment was confirmed.