Renfrewshire Warehousing & Distribution Ltd
v Mr R Gibson
Decision date
13 February 2026
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
Employment Judge S MacLean
Case Summary
The claimant's claim against Renfrewshire Warehousing & Distribution Ltd was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The respondent company had been dissolved and the claimant was given six months to have it restored to the Companies House Register, but failed to take action or respond to tribunal correspondence requesting confirmation of steps taken.
Why this outcome?
Not actively pursuedThe claim was struck out because the claimant failed to actively pursue it. The respondent company had been dissolved, and although the claimant was notified of the need to restore it to the Companies House Register and given a six-month period to do so, the claimant took no action and failed to respond to multiple tribunal requests for confirmation of steps taken or reasons why the claim should not be struck out.
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Key Issues
- •Whether claim should be struck out for failure to actively pursue
- •Respondent company dissolution and requirement to restore to Companies House Register
Decision Text
EMPLOYMENT TRIBUNALS (SCOTLAND) Employment JudgeS MacLean MrR Gibson Claimant Renfrewshire Warehousing & Distribution Ltd Respondent JUDGMENT The claim is struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it has not been actively pursued. REASONS 1.The respondent companyhas been dissolved.The claimant was notifiedby letter dated6 June2025of the need tohave the company restored to the Register ofCompaniesHousefor the claim to proceed.The case was sisted for a period of 6 months. 2.On17 December2025 the Tribunal wrote to the claimant and asked for confirmation that that hadtaken action to have the Company restored to the Register. No reply was received. A reminder was issued on12 January 2026, no reply was received. 3.On27 January 2026the Tribunal gave the claimant an opportunity to give reasons why the claim should not be struck out as it had not been actively pursuedwith a reply by date of10 February 2026. The time limit for so doing has passed and the claimant has failed torespond. 4.The claim is therefore struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the ground that it has not been actively pursued. Date sent to parties 13 February 2026
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Case Details
- Claimant
- Mr R Gibson
- Case No.
- 8000841/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 13 February 2026
- Published
- 7 April 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge S MacLean