Claimant v Progress Rail Services UK Limited
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Claimant failed to respond to tribunal's notice of 6 December 2024 requiring written reasons by 20 December 2024 or a request for hearing to show why claim should not be struck out.
Facts
The claimant brought a claim against Progress Rail Services UK Limited in 2015. The tribunal issued an unless order on 6 December 2024 requiring the claimant to provide written reasons by 20 December 2024 or request a hearing to show why the claim should not be struck out for non-pursuit. The claimant failed to respond.
Decision
The tribunal struck out the claim under rule 38(1)(d) on the grounds that it had not been actively pursued. The claimant failed to comply with the tribunal's unless order or provide any acceptable reason why the claim should not be struck out.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders; failure to do so will result in strike-out for non-pursuit even in long-standing cases.
Legal authorities cited
Statutes
Case details
- Case number
- 4101295/2015
- Decision date
- 16 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No