Claimant v North Lanarkshire Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for non-pursuit. The claimant failed to respond to the tribunal's unless order of 23 December 2024 requiring written reasons by 13 January 2025 or a request for a hearing to show cause why the claim should not be struck out.
Facts
The claimant brought an employment claim against North Lanarkshire Council in 2017. On 23 December 2024, the tribunal issued an unless order requiring the claimant to provide written reasons by 13 January 2025 or request a hearing to show cause why the claim should not be struck out. 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 the claim had not been actively pursued. The claimant failed to respond to the unless order or provide acceptable reasons why the claim should not be struck out.
Practical note
Claimants must actively pursue their claims and comply with tribunal unless orders, or risk having their claims struck out for non-pursuit regardless of the merits.
Legal authorities cited
Statutes
Case details
- Case number
- 4102900/2017
- Decision date
- 13 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No