J Moodie v TGK Logistics Scotland Ltd — 2024

The Employment Tribunal for Scotland, sitting alone before Employment Judge P O’Donnell, struck out the claimant’s case under rule 37(1)(d) of the Employment Tribunals Rules of Procedure 2013 because it had not been actively pursued. The judgment does not identify the substantive claim type beyond referring generally to the claimant’s claims and noting that the respondent had not lodged an ET3 response form.

The tribunal recorded that it wrote to the claimant on 2 July 2024 asking for further specification of the claims, and that no reply was received. A reminder was issued on 18 July 2024, again without response. On 29 July 2024 the tribunal gave the claimant an opportunity to provide written reasons by 12 August 2024 or request a hearing on whether the claim should be struck out.

The claimant replied on 31 July 2024 saying they had lost their phone and access to email correspondence, and that they would telephone the tribunal the following day to progress matters. The tribunal then acknowledged that correspondence on 2 August 2024 and reiterated that a written reply to the strike-out warning letter had to be received by 12 August 2024. No further reply was received, and the claim was therefore struck out.