Cases114513/2008

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 failed to provide written reasons by 27 September 2024 or request a hearing after being given the opportunity by the Tribunal on 13 September 2024.

Facts

Ms Murray brought a claim against East Renfrewshire Council in 2008. On 13 September 2024, the Tribunal gave the claimant until 27 September 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 acceptable reasons.

Decision

The Tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant was given a clear opportunity to respond but failed to do so, leading to the strike-out.

Practical note

Claimants must respond to tribunal notices and actively pursue their claims, or face strike-out under rule 37(1)(d) even if the claim has been pending for many years.

Legal authorities cited

Statutes

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

Case details

Case number
114513/2008
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