Cases8000138/2025

Claimant v TGC Aberdeen North Limited

22 July 2025Before Employment Judge N HosieScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. The claimant failed to respond to the tribunal's order of 16 June 2025 requiring written reasons by 30 June 2025 or a request for a hearing to show cause why the claim should not be struck out.

Facts

The claimant brought a claim against TGC Aberdeen North Limited. On 16 June 2025, the tribunal issued an order giving the claimant until 30 June 2025 to provide written reasons why the claim should not be struck out, or to request a hearing. The claimant failed to respond to this order or provide any acceptable reason.

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's failure to comply with the tribunal's unless order demonstrated non-pursuit of the claim.

Practical note

Claimants must respond to tribunal orders, particularly unless orders, or risk having their claims struck out for non-pursuit regardless of the underlying merits.

Legal authorities cited

Statutes

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

Case details

Case number
8000138/2025
Decision date
22 July 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No