Mass Hospitality Ltd

Case Summary

The claimant's claim against Mass Hospitality Ltd was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the ground that the claim had not been actively pursued. The claimant failed to comply with orders issued on 12 January 2024, did not respond to a reminder issued on 29 December 2025, and failed to provide acceptable reasons or request a hearing when given the opportunity to do so on 09 March 2026.

The claim was struck out because the claimant failed to comply with tribunal orders, did not respond to reminders, and failed to provide acceptable reasons or request a hearing when given the opportunity to show cause why the claim should not be struck out.

• •Whether claim should be struck out for failure to actively pursue
• •Non-compliance with tribunal orders
• •Failure to respond to reminders and strike-out warning

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judged’Inverno MrM TheissClaimant Mass Hospitality LtdRespondent JUDGMENT The claimis struck out under rule 38 of theEmployment Tribunal Procedure Rules 2024 on the groundsthat the claim has not been actively pursued in terms of rule 38(1)(d). REASONS 1.On 12 January 2024, Orders were issued to parties to comply with prior to a final hearing.Parties did not comply with these orders and not contact was made with the Tribunal. On 29 December 2025, a reminder was issued to parties. Parties did not respond. 2.On 09 March 2026 the Tribunal gave the claimant an opportunity to give written reasons by 23 March 2026 or to request a hearing in order to consider why the claim should not be struck out. 3.The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim. Date sent to parties13 April 2026