Cases4101048/2015

Claimant v East Dunbartonshire Council

16 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 was given until 18 December 2024 to provide written reasons or request a hearing but failed to give an acceptable reason or request a hearing.

Facts

Mr Carr brought a claim against East Dunbartonshire Council in 2015. On 4 December 2024, the Tribunal gave the claimant until 18 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 request a hearing.

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 an opportunity to explain or request a hearing but failed to do so.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions; failure to engage with the process will result in strike-out for non-pursuit.

Legal authorities cited

Statutes

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

Case details

Case number
4101048/2015
Decision date
16 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
East Dunbartonshire Council
Sector
local government
Represented
No

Claimant representation

Represented
No