Case 8001278/2025 · Employment Tribunal
Number: 8001278/2025 Mr D Rae v Garaffo Catering — 2025
- Case reference
- 8001278/2025
- Decision date
- 11 November 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Kemp Case
Parties
2 namedClaimant
Number: 8001278/2025 Mr D Rae
Respondent
Key findings
Tribunal's reasoningThe Tribunal struck out Mr D Rae's claim under rule 38 of the Employment Tribunal Procedure Rules 2024 on the ground that it had not been actively pursued. The reasons state that on 12 May 2025 the Tribunal was notified that the case had settled through ACAS, after which an email was sent to the claimant asking whether he wished to withdraw the claim. No response was received.
A further letter was sent on 12 September 2025 asking the claimant to confirm his position, again without reply. The Tribunal then issued a strike-out warning letter on 28 October 2025, giving the claimant until 11 November 2025 to respond or explain why judgment should not be issued. The claimant did not respond, did not ask for a hearing, and gave no reasons against strike out, so the Tribunal struck out the claim. No remedy or award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Working time regulations | The judgment does not restate the substantive claim type in the reasons section; this classification is taken from the case's Working Time Regulations listing. The Tribunal struck the claim out under rule 38(1)(d) because it had not been actively pursued. The extracted text records an email dated '24 July 20205', which appears to be a typographical error in the source text. | Struck out | — | — |
Legal tests applied
1 reference- rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024
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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