Cases8001100/2025

Claimant v Portsonachan Wilderness Lodges Limited

17 October 2025Before Employment Judge L WisemanScotland

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Claim struck out for non-pursuit. The claimant failed to attend a preliminary hearing, failed to respond to tribunal directions despite multiple extensions, and did not respond to a strike-out warning letter.

Direct Discrimination(sex)struck out

Claim struck out for non-pursuit. The claimant failed to comply with case management orders and did not respond to tribunal communications despite being given opportunities to do so.

Unlawful Deduction from Wagesstruck out

Claim struck out for non-pursuit as part of the overall claim. The claimant failed to actively pursue the claim by not responding to tribunal directions or the strike-out warning.

Facts

The claimant filed claims for unfair dismissal, sex discrimination and unlawful deductions on 6 May 2025. She failed to attend a preliminary hearing on 4 July and repeatedly failed to comply with case management orders requiring her to answer questions about her claim. Despite extensions and a final strike-out warning letter sent on 15 September, she made no further contact with the tribunal.

Decision

The tribunal struck out all claims under Rule 38 for failure to actively pursue the claim and non-compliance with tribunal orders. The claimant was given multiple opportunities to engage with the process but failed to respond to directions or the strike-out warning.

Practical note

Claimants must actively engage with tribunal procedures and comply with case management orders, as persistent non-compliance will result in strike-out even where extensions have been granted.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 38(1)(c)Employment Tribunal Procedure Rules 2024 Rule 38(1)(d)

Case details

Case number
8001100/2025
Decision date
17 October 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
hospitality
Represented
Yes

Claimant representation

Represented
No