Cases4110324/2014

Claimant v Tayside Contracts

29 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue. The claimant was given an opportunity until 24 December 2024 to provide written reasons or request a hearing but failed to give an acceptable reason or request a hearing.

Facts

The claimant brought a claim in 2014 against Tayside Contracts. 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 an acceptable reason.

Decision

The Tribunal struck out the claim under rule 38(1)(d) on the grounds that the claim had not been actively pursued. The claimant was given an opportunity to show cause but failed to do so.

Practical note

Claims can be struck out for non-pursuit where the claimant fails to respond to tribunal directions, even in long-running cases.

Legal authorities cited

Statutes

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

Case details

Case number
4110324/2014
Decision date
29 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No