Claimant v Tayside Contracts
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for not being actively pursued. Claimant failed to respond to tribunal's notice dated 10 December 2024 or request a hearing by the 24 December 2024 deadline.
Facts
Mr Cassidy brought a claim against Tayside Contracts in 2014. The tribunal issued a notice on 10 December 2024 giving him 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 by the deadline.
Decision
The tribunal struck out the claim under rule 38 for failure to actively pursue it. The claimant was given a clear opportunity to explain why the claim should proceed or request a hearing, but failed to engage with the tribunal process.
Practical note
Claimants must actively engage with tribunal directions and deadlines; failure to respond to unless orders will result in strike-out for non-pursuit under rule 38.
Legal authorities cited
Statutes
Case details
- Case number
- 4110345/2014
- Decision date
- 28 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No