Claimant v Tayside Contracts
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). The claimant failed to respond to tribunal correspondence dated 25 September 2025 giving opportunity to provide reasons or request a hearing by 9 October 2025.
Facts
Ms Gardiner brought a claim against Tayside Contracts and Dundee City Council. The tribunal wrote to the claimant on 25 September 2025 requesting a response by 9 October 2025 or a hearing request, noting the claimant had not responded to earlier correspondence. The claimant failed to respond to this letter.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that the claim had not been actively pursued, following the claimant's failure to respond to correspondence.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence, or risk having their claims struck out for non-pursuit even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4101240/2022
- Decision date
- 13 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No