Claimant v Clackmannanshire Council
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) for failure to actively pursue the claim. The claimant failed to provide written reasons by 27 September 2024 or request a hearing after being given an opportunity to explain why the claim should not be struck out.
Facts
The claimant brought a claim against Clackmannanshire Council. On 13 September 2024, the Tribunal gave the claimant until 27 September 2024 to provide written reasons or request a hearing to explain why the claim should not be struck out for failure to actively pursue. The claimant failed to respond or provide an acceptable reason.
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 was given an opportunity to respond but failed to do so.
Practical note
Tribunals will strike out claims for non-pursuit if claimants fail to respond to unless orders or case management directions, even after being given explicit opportunities to explain their position.
Legal authorities cited
Statutes
Case details
- Case number
- 108310/2005
- Decision date
- 11 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No