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 ordersThe 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.
Claim Types
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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
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Case Details
- Case No.
- 8002218/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 23 April 2026
- Published
- 17 June 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
Registered Company
- Company name
- MCQUEENS DAIRIES LTD
- Company number
- SC246355
- Industry
- Manufacturing
- Status
- active