Case 4111742/2019 · Employment Tribunal
Mr F Avallone v San Vincenzo (In Liquidation) — 2021
- Case reference
- 4111742/2019
- Decision date
- 8 April 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Eccles
Parties
2 namedClaimant
Mr F Avallone
Respondent
Key findings
Tribunal's reasoningThe Tribunal struck out Mr F Avallone's claim against San Vincenzo (In Liquidation) under rule 37 of the Employment Tribunals Rules of Procedure 2013 on the ground that it had not been actively pursued. The judgment does not determine the substance of the underlying unlawful deduction from wages complaint.
The reasons record that on 21 January 2021 the Tribunal gave the claimant an opportunity to provide written reasons by 4 February 2021, or to request a hearing, to explain why the claim should not be struck out. The claimant did not give an acceptable reason and did not request a hearing.
On that basis, Employment Judge Eccles ordered that the claim be struck out. No remedy or monetary award was recorded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Struck out under rule 37(1)(d) because the claim had not been actively pursued; no merits determination was made. | Struck out | — | — |
Legal tests applied
1 reference- rule 37(1)(d) Employment Tribunals Rules of Procedure 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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