Case 4111403/2019 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4111403/2019 Mrs D Payne v Thomas Cook Group Pic (In Liquidation) — 2021
- Case reference
- 4111403/2019
- Decision date
- 18 November 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Susan Walker
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4111403/2019 Mrs D Payne
Respondent
Key findings
Tribunal's reasoningThe tribunal noted that the claim was submitted on 3 October 2019 and that, by letter dated 21 October 2019, the claimant was told the respondent was in compulsory liquidation and that permission to proceed had to be sought from the court dealing with the liquidation proceedings. On 27 August 2020 the tribunal asked both parties for an update on whether consent had been sought to proceed, and on 7 September 2020 the respondent said it was unaware of any application by the claimant to the High Court.
On 28 June 2021 the tribunal gave the claimant an opportunity to provide written reasons by 12 July 2021, or to request a hearing, to address why the claim should not be struck out. The claimant did not give an acceptable reason and did not request a hearing.
The tribunal therefore struck out the claim under rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, on the ground that it had not been actively pursued within rule 37(1)(d). No monetary remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment does not identify the substantive cause of action in the extracted text. The tribunal struck out the claim under rule 37(1)(d) because it had not been actively pursued, after the claimant did not provide acceptable reasons or request a hearing when given the opportunity. | Struck out | — | — |
Legal tests applied
2 references- rule 37(1)(d)
- rule 37 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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