Cases4110452/2014

Claimant v Tayside Contracts

9 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant was given until 16 December 2024 to provide written reasons or request a hearing but failed to respond or provide an acceptable reason.

Facts

Mr Thomson brought a claim against Tayside Contracts in 2014. The claim was not actively pursued by the claimant. 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 or provide an acceptable reason.

Decision

The tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules 2013 on grounds that the claim had not been actively pursued. The claimant was given a final opportunity to explain or request a hearing but failed to do so.

Practical note

Tribunals will strike out claims where claimants fail to actively pursue them and do not respond to case management orders giving them a final opportunity to explain their position.

Legal authorities cited

Statutes

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

Case details

Case number
4110452/2014
Decision date
9 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No