Cases114587/2008

Claimant v East Renfrewshire Council

27 January 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for not being actively pursued. The claimant was given an opportunity to provide written reasons by 27 September 2024 or to request a hearing but failed to respond or provide acceptable reasons why the claim should not be struck out.

Facts

Ms E Brennan brought a claim against East Renfrewshire Council. On 13 September 2024, the Tribunal gave the claimant an opportunity to provide written reasons by 27 September 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or provide acceptable reasons, and also failed to request a hearing.

Decision

The Tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules on the grounds that the claim had not been actively pursued. The claimant was given a clear opportunity to explain or request a hearing but failed to do so.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claim struck out for want of prosecution even without a hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37(1)(d)

Case details

Case number
114587/2008
Decision date
27 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
East Renfrewshire Council
Sector
local government
Represented
No

Claimant representation

Represented
No