Case 8001089/2024 · Employment Tribunal
McIlroy v Not present or represented Simply Solutions (Europe) Ltd — 2024
- Case reference
- 8001089/2024
- Decision date
- 4 December 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge McFatridge
Parties
2 namedClaimant
McIlroy
Key findings
Tribunal's reasoningThe claimant brought claims for unfair dismissal and discrimination on grounds of sexual orientation and religion or belief. The tribunal recorded that very little specification had been provided for the discrimination claims: the claimant did not identify his sexual orientation or religion or belief, and did not give dates or details of the incidents relied on. The respondents said the claims were insufficiently specified and could not sensibly be answered on the material then available.
A preliminary hearing had been fixed for case management, and the claimant had been ordered to provide a completed agenda. He did not do so, despite a reminder being sent after the respondents asked the tribunal to do so. At the CVP hearing on 29 November 2024, the respondents' representative was present but the claimant did not log in. The clerk telephoned the claimant twice, left a voicemail, and asked him to join by 2:10 pm; there was still no appearance by 2:13 pm.
The respondents sought strike out because of the claimant's non-engagement. The employment judge recorded that, on the information then before the tribunal, the appropriate course was to dismiss the claim under Rule 47 and section 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1. The judgment notes that if the claimant had a properly vouched reason for not attending, he could apply for reconsideration. No merits findings or monetary award were made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed when the claimant did not appear at the CVP hearing on 29 November 2024; the tribunal did not determine the merits. | Dismissed | — | — |
| Sexual orientation discrimination | Dismissed when the claimant did not appear at the CVP hearing on 29 November 2024; the tribunal did not determine the merits. The reasons note the claim had been insufficiently specified. | Dismissed | Sexual orientation | — |
| Religion or belief discrimination | Dismissed when the claimant did not appear at the CVP hearing on 29 November 2024; the tribunal did not determine the merits. The reasons note the claim had been insufficiently specified. | Dismissed | Religion or belief | — |
Legal tests applied
2 references- Rule 47
- section 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1
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.
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