Claimant v North Lanarkshire Council
Outcome
Individual claims
Struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The claimant failed to provide written reasons by 13 January 2025 or request a hearing after being given opportunity to explain why the claim should not be struck out.
Facts
The claimant brought a claim against North Lanarkshire Council in 2017. On 23 December 2024, the Tribunal gave the claimant until 13 January 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.
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 was given an opportunity to explain or request a hearing but failed to do so.
Practical note
A claimant must actively engage with tribunal procedures and respond to unless orders, or risk having their claim struck out for non-pursuit even after years of proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 4104845/2017
- Decision date
- 6 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No