Ms L McKenna v The Actual Reality Trust

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000667/2023 5 Held in Glasgow via Cloud Video Platform (CVP) on 18 March 2024 Employment Judge Smith Ms L McKenna Claimant 10 No appearance and No representation The Actual Reality Trust Respondent Represented by: 15 Mr R Katz - Litigation Consultant

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Respondent’s application to strike the claim out is refused.

REASONS 20 1. Today’s preliminary hearing had originally been listed for 19 February 2024 but was postponed by Legal Officer Ellison on 2 February 2024, upon the application of the Claimant. In summary, the reason given by the Claimant in her postponement request was that she could not get time off work in order to attend. 25 2. At 15:52 on Friday 15 March 2024 – the working day immediately pri...

3. The Claimant did not attend today’s preliminary hearing despite my refusal of her postponement application earlier in the day, the reasons for which she 8000667/2023 Page 2 received and acknowledged. The result of her non-attendance was that the claims remain unclear and further delay occasioned to the proceedings. This is highly unsatisfactory.

4. Mr Katz, for the Respondent, moved to have the claim struck out. I refused 5 that application on the basis that strikeout is a draconian power and other, less draconian options are available in the Tribunal’s range of powers in order to effectively deal with this situation, preserving the proceedings whilst recognising the injustice and unfairness caused to the Respondent by the Claimant’s n...