Claimant v Tayside Contracts
Outcome
Individual claims
Struck out under rule 38(1)(d) for non-pursuit. Claimant failed to respond to tribunal's order of 10 December 2024 requiring written reasons by 24 December 2024 or a request for a hearing to show cause why the claim should not be struck out.
Facts
The claimant brought a claim against Tayside Contracts in 2014. On 10 December 2024, the Tribunal ordered the claimant to provide written reasons by 24 December 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond to this unless order.
Decision
The Tribunal struck out the claim under rule 38(1)(d) on the grounds that it had not been actively pursued, as the claimant failed to provide an acceptable reason why the claim should not be struck out or to request a hearing.
Practical note
Failure to comply with tribunal unless orders and actively pursue a claim will result in strike-out for non-pursuit, even in long-running cases.
Legal authorities cited
Statutes
Case details
- Case number
- 4110349/2014
- Decision date
- 29 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No