Claimant v North Lanarkshire Council
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 because the claimant failed to actively pursue the claim. The claimant did not provide acceptable written reasons by the deadline of 13 January 2025 and did not request a hearing after being given the opportunity to do so on 23 December 2024.
Facts
Ms Lester brought a claim against North Lanarkshire Council. 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 to this order or request a hearing.
Decision
The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it had not been actively pursued. The claimant failed to provide acceptable reasons or engage with the Tribunal's order.
Practical note
Claimants must actively engage with tribunal directions and deadlines or risk having their claims struck out for non-pursuit, even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4102565/2017
- Decision date
- 12 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No