Claimant v Fife Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for not being actively pursued. The claimant failed to provide acceptable written reasons or request a hearing by the deadline of 26 September 2024 after being given the opportunity to do so on 12 September 2024.
Facts
This is a strike-out judgment under rule 38 of the 2024 Employment Tribunal Rules. The case reference suggests the claim was filed in 2010 but remained unresolved. On 12 September 2024, the Tribunal gave the claimant until 26 September 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or comply with this deadline.
Decision
The Tribunal struck out the claim under rule 38(1)(d) on the basis that it had not been actively pursued. The claimant was given a clear opportunity to show cause why the claim should continue but failed to provide acceptable reasons or request a hearing.
Practical note
A claim will be struck out if a claimant fails to respond to tribunal directions regarding whether the claim is being actively pursued, even if the underlying claim has been pending for many years.
Legal authorities cited
Statutes
Case details
- Case number
- 114085/2010
- Decision date
- 26 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Fife Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No