Cases8002075/2024

Claimant v Next Level Security Ltd

31 July 2025Before Employment Judge M A MacleodScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. Claimant failed to respond to tribunal order dated 13 May 2025, failed to respond to multiple reminders (12 June, 20 June, 02 July 2025), and failed to provide reasons or request hearing by 28 July 2025 deadline.

Facts

Claimant M Asghar brought a claim against Next Level Security Ltd. The Tribunal ordered the claimant on 13 May 2025 to confirm within 28 days whether he intended to continue with his claim. The claimant failed to respond to this order or to subsequent reminders issued on 12 June, 20 June and 02 July 2025. On 14 July 2025 the Tribunal gave a final opportunity for the claimant to provide written reasons by 28 July 2025 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 grounds that the claim had not been actively pursued. The claimant failed to respond to multiple tribunal orders and reminders over a two-month period and provided no acceptable reason nor requested a hearing to explain the failure to pursue the claim.

Practical note

Claimants must actively respond to tribunal orders and correspondence; failure to engage with the tribunal process over an extended period will result in strike-out for non-pursuit even without a hearing.

Legal authorities cited

Statutes

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

Case details

Case number
8002075/2024
Decision date
31 July 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
professional services
Represented
No

Claimant representation

Represented
No