Claimant v East Renfrewshire Council
Outcome
Individual claims
Struck out under rule 38(1)(d) for failure to actively pursue the claim. The claimant failed to respond to the tribunal's order of 16 December 2024 requiring written reasons by 6 January 2025 or a request for a hearing.
Facts
The claimant brought a claim against East Renfrewshire Council in 2008. On 16 December 2024, the tribunal issued an unless order requiring the claimant to provide written reasons by 6 January 2025 or request a hearing to explain why the claim should not be struck out. The claimant failed to comply with this order or provide any acceptable reason.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant had failed to respond to the tribunal's unless order and provided no acceptable reason for non-compliance.
Practical note
Claimants must actively pursue their claims and comply with tribunal orders, particularly unless orders, or risk strike-out for non-pursuit even in long-standing cases.
Legal authorities cited
Statutes
Case details
- Case number
- 114500/2008
- Decision date
- 13 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- East Renfrewshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No