Claimant v South Ayrshire Council
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) for failure to actively pursue. The claimant was given until 7 May 2025 to provide reasons or request a hearing but failed to provide an acceptable response or make such a request.
Facts
Mrs Watson brought a claim against South Ayrshire Council in 2013. The claim had not been actively pursued. On 16 April 2025 the Tribunal gave the claimant an opportunity to provide written reasons by 7 May 2025 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond appropriately.
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 provide an acceptable reason why the claim should not be struck out or to request a hearing.
Practical note
Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claims struck out for non-pursuit regardless of the underlying merits.
Legal authorities cited
Statutes
Case details
- Case number
- 4102062/2013
- Decision date
- 20 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- South Ayrshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No