Cases2409415/2021

Claimant v Wigan Council

17 November 2025Before Employment Judge Victoria ButlerManchesteron papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under Rule 38 for non-pursuit. The claimant was warned on 28 October 2025 that the claims would be struck out unless they responded or requested a hearing. The claimant failed to reply or engage with the tribunal process.

Facts

Ms Hamid brought claims against Wigan Council and Orian Solutions Limited. The claims were filed in October 2021. The tribunal wrote to the claimant on 28 October 2025 warning that the claims would be struck out for non-pursuit. The claimant was given the opportunity to respond or request a hearing but did not reply.

Decision

The tribunal struck out the claims under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-pursuit. The judge was satisfied that the claims had not been actively pursued and that striking them out was in accordance with the overriding objective.

Practical note

Claimants must actively pursue their claims and respond to tribunal correspondence, or risk having their claims struck out for non-pursuit under Rule 38.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 38Employment Tribunal Procedure Rules 2024 Rule 3

Case details

Case number
2409415/2021
Decision date
17 November 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No