Claimant v North Lanarkshire Council
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) for failure to actively pursue the claim. The claimant failed to provide written reasons by the deadline of 29 January 2025 or request a hearing after being given the opportunity to do so on 8 January 2025.
Facts
Ms L Finnie brought an employment claim against North Lanarkshire Council. On 8 January 2025, the Tribunal wrote to the claimant giving her until 29 January 2025 to provide written reasons why the claim should not be struck out, or to request a hearing. The claimant failed to respond by the deadline or request a hearing.
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 had been given a reasonable opportunity to explain why the claim should continue but failed to engage with the process.
Practical note
Claimants must actively engage with tribunal procedures and respond to case management orders, or risk having their claims struck out for non-pursuit even without a full hearing on the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 4102551/2017
- 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