Cases116073/2008

Claimant v Clackmannanshire District Council

11 February 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. Claimant failed to respond to tribunal's order of 13 September 2024 to provide reasons or request a hearing by 27 September 2024.

Facts

This is a strike-out judgment where the claimant Ms C C Sutherland brought a claim against Clackmannanshire District Council in 2008. On 13 September 2024, the tribunal gave the claimant an opportunity to provide written reasons by 27 September 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond.

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 provide acceptable reasons why the claim should not be struck out or to request a hearing.

Practical note

Claimants must actively pursue their claims and respond to tribunal orders, or face strike-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
116073/2008
Decision date
11 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No