Case 4113111/2018 · Employment Tribunal
Mr F Shields v Thomas Smith — 2020
- Case reference
- 4113111/2018
- Decision date
- 2 November 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
Parties
2 namedClaimant
Mr F Shields
Respondent
Key findings
Tribunal's reasoningOn 9 June 2020, the claimant's solicitors wrote to the tribunal withdrawing from acting because they had no instructions from the claimant. The tribunal then wrote to Mr F Shields on 25 June 2020 asking whether he was continuing with the claim unrepresented and whether he wished to appoint another representative, with a reply sought by 2 July 2020.
When no reply was received, the tribunal sent a reminder on 30 July 2020 asking for a response by 11 August 2020. On 18 August 2020 the tribunal gave the claimant a further opportunity to provide written reasons by 1 September 2020, or to request a hearing.
The claimant did not reply, did not give an acceptable reason why a judgment should not be made, and did not request a hearing. Employment Judge Ian McPherson 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 under Rule 37(1)(d). The judgment records no substantive findings on the underlying breach of contract, unfair dismissal, or working time complaints.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The judgment records that the claim was struck out under Rule 37(1)(d) for failure to actively pursue it. It does not contain a separate merits determination on this head. | Struck out | — | — |
| Unfair dismissal | The judgment records that the claim was struck out under Rule 37(1)(d) for failure to actively pursue it. It does not contain a separate merits determination on this head. | Struck out | — | — |
| Working time regulations | The judgment records that the claim was struck out under Rule 37(1)(d) for failure to actively pursue it. It does not contain a separate merits determination on this head. | Struck out | — | — |
Legal tests applied
1 reference- Rule 37(1)(d) 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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