Cases4102547/2017

Claimant v North Lanarkshire Council

13 February 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. The claimant failed to respond by the deadline of 13 January 2025 to provide reasons why the claim should not be struck out or to request a hearing, despite being given the opportunity to do so on 23 December 2024.

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 by the deadline.

Decision

The tribunal struck out the claim under rule 38(1)(d) on the basis that it has not been actively pursued. The claimant failed to provide acceptable reasons against strike-out or to request a hearing despite being given the opportunity.

Practical note

Unrepresented claimants must respond to tribunal deadlines and unless orders, or their claims will be struck out for non-pursuit under rule 38.

Legal authorities cited

Statutes

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

Case details

Case number
4102547/2017
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