EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112770/2018 Mr S Din v Bristol Street Fourth Investments Limited — 2018

Mr S Din presented a claim on 26 July 2018. A Preliminary Hearing was listed for 12 October 2018, but there was no appearance by or on behalf of the claimant. The tribunal telephoned the claimant’s representative, but there was no response. The representative later said an email had been sent at 8am on 12 October 2018 saying the claimant would not attend, but the Employment Judge recorded that no such email had been received.

By note dated 12 October 2018, the tribunal directed the claimant to confirm in writing by 19 October 2018 why he had not attended the Preliminary Hearing and whether he intended to proceed with the claim. The claimant did not comply. A further letter dated 2 November 2018 asked for a response or explanation, but none was received. On 15 November 2018 the tribunal gave the claimant another opportunity to provide written reasons by 22 November 2018 or to request a hearing to consider why the claim should not be struck out.

The claimant did not give an acceptable reason for his non-attendance or request a hearing. The tribunal therefore struck out the claim under rule 37 of the Employment Tribunals Rules of Procedure 2013 on the ground that it had not been actively pursued under rule 37(1)(d). No remedy was awarded because the claim was struck out before any merits determination.