Luxury Leisure

Case Summary

The claimant's claim was struck out under Employment Tribunal Procedure Rules 2024 rule 38(1)(c) and (d) for non-compliance with a case management order and failure to actively pursue the claim. The claimant was ordered to provide information relating to his disability and complaints but failed to comply with multiple warnings and opportunities to respond.

The claim was struck out because the claimant failed to comply with a tribunal order made on 28 January 2026 requiring him to provide information relating to his disability and complaints, and he did not actively pursue his claim despite being warned on 13 April 2026 with a deadline of 27 April 2026 to respond or request a hearing, to which he did not reply.

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• •non-compliance with tribunal orders
• •failure to actively pursue claim

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge P O’Donnell Scott Perrie Claimant Luxury Leisure Respondents JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that claim to be struck out on the grounds of non compliance with an Order of the Tribunal in terms of rule 38 (1)(c) Employment Tribunal Procedure Rules 2024 and that the claim has not been actively pursued in terms of rule 38 (1)(d) of the Employment Tribunal Procedure Rules 2024. REASONS 1. At a case management hearing held on 28 January 2026, the claimant was or- dered to provide information in relation to his disability and the complaints he was seeking to pursue. 2. On 18 March 2026, the respondent applied to the Tribunal for the claim to be struck out on the basis that the claimant had not complied with the Orders made at the hearing on 28 January 2026 and was not actively pursuing his claim. 3. In a letter dated 27 March 2026, the Tribunal asked the claimant for his com- ments on this application. There was no reply. 4. In a letter dated 13 April 2026, the claimant was warned that the Tribunal was considering striking out his claim for failure to comply with the Orders made and on the basis that he was not actively pursuing his claim. The claimant was giv- en until 27 April 2026 to set out reasons disagreeing with strike-out or request a hearing. There was no reply. 5. In these circumstances, the claim is struck out on the basis that the claimant has not complied with the Orders made by the Tribunal and because he is not actively pursuing his claim. Date sent to parties: 5 May 2026