Cases4107823/2021

Claimant v Tayside Contracts

13 October 2025Before Employment Judge A KempScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out for non-pursuit under rule 38(1)(d) after the claimant failed to respond to tribunal correspondence, including a final opportunity letter dated 25 September 2025 giving a deadline of 9 October 2025.

Facts

Ms Krejci brought a claim against Tayside Contracts and Dundee City Council. The tribunal wrote to the claimant on 25 September 2025 after she failed to respond to earlier correspondence, giving her until 9 October 2025 to provide written reasons or request a hearing as to why the claim should not be struck out. The claimant failed to respond to this final letter.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued, following the claimant's failure to respond to correspondence including a final opportunity letter.

Practical note

Claimants must respond to tribunal correspondence and actively pursue their claims or risk having them struck out for non-pursuit under rule 38(1)(d).

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
4107823/2021
Decision date
13 October 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
Yes
Rep type
in house

Claimant representation

Represented
No