Claimant v Anderson Property Services (Scotland) Limited
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for non-pursuit. Claimant failed to attend scheduled final hearing on 11-14 March 2025, failed to provide requested medical certificate by 28 March 2025, did not respond to reminder on 4 April 2025, and failed to respond to tribunal's letter of 22 April 2025 giving opportunity to explain why claim should not be struck out.
Facts
The claimant failed to attend a scheduled final hearing on 11-14 March 2025. The tribunal initially did not dismiss the claim and requested a medical certificate ('soul and conscience certificate') from the claimant's GP to confirm inability to attend and anticipated return date. Despite multiple requests (28 March deadline, 4 April reminder, 22 April final opportunity), the claimant failed to provide the certificate or any communication to the tribunal.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on grounds of non-pursuit. The claimant was given multiple opportunities to explain her absence and provide medical evidence but failed to respond to any tribunal correspondence or comply with directions.
Practical note
Claimants must actively engage with tribunal directions and correspondence, even when experiencing ill health; complete failure to respond to multiple tribunal requests will result in strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8001092/2024
- Decision date
- 3 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- real estate
- Represented
- No
Claimant representation
- Represented
- No