Cases4110411/2014

Claimant v Tayside Contracts

10 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for non-pursuit. The claimant failed to provide acceptable reasons why the claim should not be struck out by the 16 December 2024 deadline and did not request a hearing despite being given the opportunity to do so.

Facts

The claimant brought a claim against Tayside Contracts. On 2 December 2024, the Tribunal gave the claimant until 16 December 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond adequately or request a hearing.

Decision

The Tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant was given a clear opportunity to explain why the claim should continue but failed to do so.

Practical note

Claimants must actively engage with tribunal directions and deadlines, or risk having their claims struck out for non-pursuit even without a full hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, Rule 37(1)(d)

Case details

Case number
4110411/2014
Decision date
10 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No