Cases113193/2010

Claimant v North Lanarkshire Council

10 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024. The claimant failed to respond to the tribunal's order dated 8 January 2025 requiring written reasons by 29 January 2025 or a request for a hearing. The claimant failed to actively pursue the claim.

Facts

Mr Connor brought a claim against North Lanarkshire Council. On 8 January 2025, the tribunal issued an unless order requiring the claimant to provide written reasons by 29 January 2025 or request a hearing to explain why the claim should not be struck out. The claimant failed to comply with this order.

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 the tribunal's unless order or request a hearing.

Practical note

Claimants must respond to tribunal orders and actively pursue their claims, or risk having them struck out for non-pursuit under rule 38(1)(d).

Legal authorities cited

Statutes

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

Case details

Case number
113193/2010
Decision date
10 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
North Lanarkshire Council
Sector
local government
Represented
No

Claimant representation

Represented
No