Case 4111533/2021 · Employment Tribunal
Mr L Gardner v Spectrum Properties (West) Ltd — 2022
- Case reference
- 4111533/2021
- Decision date
- 28 February 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge R Gall
Parties
2 namedClaimant
Mr L Gardner
Respondent
Key findings
Tribunal's reasoningThe Employment Tribunal for Scotland, before Employment Judge R Gall, struck out Mr L Gardner's claim under rule 37 of the Employment Tribunals Rules of Procedure 2013 on the ground that it had not been actively pursued within rule 37(1)(d). The judgment does not identify the substantive type of claim being pursued.
The reasons record repeated attempts by the tribunal to obtain a response from the claimant. On 26 October 2021 he was asked to confirm whether he agreed that his employer was Spectrum Properties (West) Ltd, as stated in the respondent's letter of 18 October 2021, or to give a reason if he did not agree. No reply was received, and reminders were sent on 10 November 2021 and 23 November 2021. A further request was issued on 22 December 2021 warning that the file could be referred to an Employment Judge for strike out if there was no response, but no reply was received.
The claimant also failed to attend a preliminary hearing on 14 January 2022. Employment Judge S Cowen then ordered that he confirm within 14 days whether he wanted to continue with the claim, with the order issued on 18 January 2022. No reply was received. The tribunal then gave him until 22 February 2022 to provide written reasons or request a hearing on why the claim should not be struck out.
The claimant did not give an acceptable reason for the lack of progress and did not request a hearing. The tribunal therefore struck out the claim. No 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 underlying cause or causes of action; it records only that the claim was struck out under rule 37(1)(d) for not being actively pursued. | Struck out | — | — |
Legal tests applied
2 references- rule 37
- rule 37(1)(d)
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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