Cases4102543/2017

Claimant v North Lanarkshire Council

3 March 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue. The claimant was given opportunity to provide written reasons by 29 January 2025 or request a hearing but failed to provide acceptable reasons or make such a request.

Facts

The claimant brought a claim against North Lanarkshire Council in 2017. The claim was not actively pursued by the claimant. On 8 January 2025, the Tribunal gave the claimant 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 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 and the claimant failed to provide acceptable reasons to prevent strike-out or 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 even after significant time has elapsed.

Legal authorities cited

Statutes

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

Case details

Case number
4102543/2017
Decision date
3 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
North Lanarkshire Council
Sector
local government
Represented
No

Claimant representation

Represented
No