Cases8000794/2025

Claimant v Aberdeenshire Council

15 August 2025Before Employment Judge J M HendryScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rules 38(1)(c) and (d) for non-compliance with tribunal orders dated 6 May 2025 and for failure to actively pursue the claim. Claimant failed to respond to orders, reminder letters on 16 July 2025, or strike-out warning letter on 18 July 2025.

Facts

Mr Clapham brought a claim against Aberdeenshire Council. On 6 May 2025, the tribunal ordered the claimant to provide further information. The claimant failed to respond within the designated time limits. Reminder letters were sent on 16 July 2025, again without response. A strike-out warning letter was issued on 18 July 2025, giving until 25 July 2025 to respond, but the claimant did not reply or request a hearing.

Decision

The tribunal struck out the claim under rule 38(1)(c) and (d) of the Employment Tribunal Procedure Rules 2024 on the grounds of non-compliance with tribunal orders and failure to actively pursue the claim. The claimant was given multiple opportunities to respond but failed to engage with the tribunal process.

Practical note

Claimants must comply with tribunal orders and actively pursue their claims or risk strike-out, even when given multiple opportunities and warnings to respond.

Legal authorities cited

Statutes

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

Case details

Case number
8000794/2025
Decision date
15 August 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Aberdeenshire Council
Sector
local government
Represented
No

Claimant representation

Represented
No