Claimant v Clackmannanshire Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant was given opportunity to provide written reasons by 27 September 2024 or request a hearing but failed to respond or provide acceptable reasons why claim should not be struck out.
Facts
The claimant Ms C C Sutherland brought a claim against Clackmannanshire Council. On 13 September 2024 the Tribunal gave the claimant an opportunity to provide written reasons by 27 September 2024 or request a hearing to explain why the claim should not be struck out for non-pursuit. The claimant failed to respond or provide acceptable reasons.
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 a fair opportunity to respond but failed to do so.
Practical note
Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claim struck out for non-pursuit even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 113206/2007
- Decision date
- 5 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No