Cases4110382/2014

Claimant v Tayside Contracts

29 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out for non-pursuit. The claimant was given until 24 December 2024 to provide written reasons or request a hearing to show cause why the claim should not be struck out, but failed to respond or provide an acceptable reason.

Facts

Mr R Keen brought a claim against Tayside Contracts in 2014. The claim was not actively pursued. On 10 December 2024, the Tribunal gave the claimant until 24 December 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or provide any acceptable reason.

Decision

The Tribunal struck out the claim under Rule 38 of the Employment Tribunals Rules of Procedure 2024 on the grounds that the claim had not been actively pursued, and the claimant failed to respond to the Tribunal's unless order or provide any reason why the claim should continue.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claims struck out for non-pursuit even years after filing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024, Schedule 1, Rule 38Employment Tribunals Rules of Procedure 2024, Rule 38(1)(d)

Case details

Case number
4110382/2014
Decision date
29 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No