Claimant v Clackmannanshire District Council
Outcome
Individual claims
Claim struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. Claimant failed to provide reasons or request a hearing by the deadline of 27 September 2024.
Facts
Ms McMillan brought a claim against Clackmannanshire District Council. On 13 September 2024, the Tribunal gave the claimant until 27 September 2024 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) 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 or request a hearing by the deadline.
Practical note
Claimants must actively pursue their claims and respond to tribunal directions by specified deadlines or risk having their claims struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 116061/2008
- Decision date
- 11 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No