Cases4117840/2014

Claimant v Dundee City Council

17 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. The claimant failed to provide acceptable reasons or request a hearing after being given the opportunity to do so by 23 December 2024.

Facts

Mr C Smith brought a claim against Dundee City Council in 2014. On 9 December 2024, the Tribunal gave the claimant until 23 December 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 38(1)(d) on the grounds that it had not been actively pursued. The claimant was given a fair opportunity to respond but failed to do so.

Practical note

Claimants must actively pursue their claims and respond to tribunal deadlines, or risk 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 38rule 38(1)(d)

Case details

Case number
4117840/2014
Decision date
17 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Dundee City Council
Sector
local government
Represented
No

Claimant representation

Represented
No