Claimant v Tayside Contracts
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant failed to respond to tribunal's opportunity dated 10 December 2024 to provide reasons by 24 December 2024 or request a hearing to show why claim should not be struck out.
Facts
The claimant brought an employment claim in 2014 against Tayside Contracts. On 10 December 2024, the tribunal issued an unless order giving 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(1)(d) on the grounds that it had not been actively pursued. The claimant had been given a clear opportunity to explain why the claim should continue but failed to engage with the tribunal process.
Practical note
A claimant who fails to respond to a tribunal's unless order risks automatic strike-out for non-pursuit, even in long-running cases.
Legal authorities cited
Statutes
Case details
- Case number
- 4110327/2014
- Decision date
- 29 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No