8002218/2025Struck out

McQueens Dairies Ltd

23 April 2026·Employment Tribunal·Scotland·Employment Judge M Whitcombe

Respondent

McQueens Dairies Ltd

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Decision date

23 April 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge M Whitcombe

Case Summary

The claimant's claim against McQueens Dairies Ltd was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The claimant failed to attend a case management preliminary hearing on 7 April 2026 and could not be contacted. Following a strike out warning and opportunity to respond by 14 April 2026, the claimant provided no response, leading to the strike out order.

Why this outcome?

Non-compliance with orders

The claim was struck out because the claimant failed to attend a scheduled case management preliminary hearing, could not be contacted, and subsequently failed to respond to a formal strike out warning despite being given a reasonable opportunity and clear warning of the consequences.

Related claim guides

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Key Issues

  • failure to actively pursue claim
  • non-attendance at case management preliminary hearing
  • failure to respond to strike out warning

Original published judgment

The full source document is available from the official publication page.

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