E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000135/2022 (A) Held at Aberdeen on April 2023 Employment Judge N M Hosie Miss M Ashley v No Appearance Bell & Rose Ltd t/a Whitebridge Hotel — 2023

The claimant, Miss Marieanne Ashley, presented a claim on 6 November 2022. At a preliminary hearing on 16 January 2023, Employment Judge Hendry ordered her to provide a Schedule of Loss and further and better particulars of her discrimination complaints within 21 days. The respondent was represented by a solicitor at that hearing, and the claimant participated.

The claimant did not comply with those orders. The judgment records that, despite a number of reminders, she did not communicate with the Tribunal or the respondent's solicitor. A further preliminary hearing was fixed for 3 April 2023, and by email on 31 March 2023 she was told she needed to attend and provide a satisfactory explanation for the non-compliance, and that a failure to attend could lead to strike out. She was also asked to provide a contact telephone number.

The claimant did not respond, did not provide a telephone number, and did not attend the hearing. The Tribunal therefore struck out the claim under Rules 37(1)(c) and (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, on the basis of non-compliance with Tribunal orders and failure to actively pursue the claim. The judgment states that this was in accordance with the overriding objective and in the interests of justice. No monetary award was made.