Claimant v North Lanarkshire Council
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) for non-pursuit after the claimant failed to respond to the tribunal's notice dated 23 December 2024 requiring written reasons by 13 January 2025 or a request for a hearing. The claimant provided no acceptable reason and did not request a hearing.
Facts
Ms Sneddon brought a claim against North Lanarkshire Council in 2017. The tribunal issued an unless order on 23 December 2024 requiring the claimant to provide written reasons by 13 January 2025 or request a hearing to explain why the claim should not be struck out for non-pursuit. 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 it had not been actively pursued. The claimant failed to provide an acceptable reason or request a hearing as required by the unless order.
Practical note
Claimants must respond to tribunal unless orders or their claims will be struck out for non-pursuit, regardless of the merits of the underlying case.
Legal authorities cited
Statutes
Case details
- Case number
- 4102655/2017
- 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