Claimant v Scottish Autism
Outcome
Individual claims
Struck out under rule 38 for non-compliance with Tribunal rules and orders (rule 38(1)(c)) and for failure to actively pursue the claim (rule 38(1)(d)). The claimant failed to provide written reasons or request a hearing after being given the opportunity by the Tribunal on 03 November 2025 with a deadline of 10 November 2025.
Facts
Miss Binnersley brought a claim against Scottish Autism. On 03 November 2025, the Tribunal gave the claimant an opportunity to provide written reasons by 10 November 2025 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or provide any acceptable reason.
Decision
The Tribunal struck out the claim under rule 38 of the Employment Tribunal Procedure Rules 2024 on two grounds: non-compliance with the Procedure Rules and Tribunal orders (rule 38(1)(c)), and failure to actively pursue the claim (rule 38(1)(d)).
Practical note
Claimants must respond to tribunal orders and actively pursue their claims, or risk having the claim struck out for non-compliance and non-pursuit.
Legal authorities cited
Case details
- Case number
- 8000554/2025
- Decision date
- 7 January 2026
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Scottish Autism
- Sector
- healthcare
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No