Cases8000959/2025

Claimant v Western Buses Limited t/a Stagecoach West Scotland

15 August 2025Before Employment Judge P O'DonnellScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for non-pursuit. The claimant failed to respond to multiple case management orders, failed to provide details of losses, failed to respond to a postponement application, and failed to provide availability dates. Despite two specific warnings on 4 July and 23 July 2025 offering an opportunity to explain or request a hearing, the claimant provided no response.

Facts

The claimant Mr Murray brought a claim against his former employer Western Buses Limited trading as Stagecoach West Scotland. Following the filing of the claim, the Tribunal issued a Case Management Order on 20 May 2025 requiring the claimant to provide details of his losses within 21 days. The claimant failed to comply despite reminders on 12 June and 25 June 2025. He also failed to respond to a postponement application and failed to provide availability dates for a relisted hearing. The Tribunal issued specific warnings on 4 July and 23 July 2025 giving the claimant opportunities to explain or request a hearing, but received no response.

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 failed to respond to multiple case management orders, failed to comply with Tribunal directions, and failed to respond to two specific warnings giving him a final opportunity to explain his non-compliance or request a hearing to address the strike-out.

Practical note

Claimants must actively engage with the tribunal process and comply with case management orders; persistent failure to respond to tribunal correspondence and warnings will result in claims being struck out for non-pursuit even without a hearing.

Legal authorities cited

Statutes

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

Case details

Case number
8000959/2025
Decision date
15 August 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
transport
Represented
Yes

Claimant representation

Represented
No