Claimant v Tayside Contracts
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for not being actively pursued. 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 Anderson brought a claim against Tayside Contracts and Dundee City Council. The claimant failed to respond to tribunal correspondence. On 25 September 2025, the tribunal gave the claimant a final opportunity to provide written reasons by 9 October 2025 or request a hearing to explain why the claim should not be struck out. The claimant did not respond.
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. The claimant was given a final opportunity to respond but failed to do so.
Practical note
Claimants must actively respond to tribunal correspondence or risk having their claims struck out for non-pursuit, even after being given a final opportunity to provide reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 4101235/2022
- Decision date
- 13 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No