Cases4110344/2014

Claimant v Tayside Contracts

28 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38 for failure to actively pursue the claim. Claimant failed to provide acceptable reasons or request a hearing after being given opportunity to do so by 24 December 2024.

Facts

The claimant Mr S Campbell brought a claim against Tayside Contracts (case filed 2014). The tribunal gave the claimant an opportunity on 10 December 2024 to provide written reasons by 24 December 2024 or request a hearing as to why the claim should not be struck out. The claimant failed to respond or provide acceptable reasons.

Decision

The tribunal struck out the claim under rule 38(1)(d) on grounds that it had not been actively pursued. The claimant failed to engage with the tribunal's unless order or request a hearing.

Practical note

Claimants must actively respond to tribunal orders and pursue their claims, or face strike-out for non-pursuit even in long-running cases.

Legal authorities cited

Statutes

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

Case details

Case number
4110344/2014
Decision date
28 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No