Claimant v Fife Council
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant failed to respond to tribunal order dated 13 September 2024 requiring written reasons by 27 September 2024 or request for hearing to show cause why claim should not be struck out.
Facts
This was a claim brought by Mrs Morrison against Fife Council with case number 114030/2010. On 13 September 2024, the Tribunal ordered the claimant 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 comply with this order.
Decision
The Employment Judge struck out the claim under rule 37(1)(d) on the grounds that the claim had not been actively pursued. The claimant had been given an opportunity to provide reasons or request a hearing but failed to do so.
Practical note
Claimants must actively engage with tribunal processes and comply with case management orders; failure to respond to an unless order will result in the claim being struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 114030/2010
- Decision date
- 27 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Fife Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No