Cases4117817/2014

Claimant v Dundee City Council

16 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 38(1)(d) for non-pursuit. The claimant failed to respond to the tribunal's order of 9 December 2024 requiring written reasons by 23 December 2024 or a request for hearing to show cause why the claim should not be struck out.

Facts

The claimant brought a claim against Dundee City Council. On 9 December 2024, the tribunal issued an unless order requiring the claimant to provide written reasons by 23 December 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 tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunals Rules 2024 on the grounds that the claim had not been actively pursued. The claimant failed to provide an acceptable reason or request a hearing following the unless order.

Practical note

Claimants must respond to tribunal unless orders requiring them to show cause why their claim should not be struck out, or face automatic strike-out for non-pursuit under rule 38(1)(d).

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024, Schedule 1, rule 38Rule 38(1)(d)

Case details

Case number
4117817/2014
Decision date
16 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Dundee City Council
Sector
local government
Represented
No

Claimant representation

Represented
No