Cases4110381/2014

Claimant v Tayside Contracts

9 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 37(1)(d) after claimant failed to respond to tribunal's order by 16 December 2024 or request a hearing.

Facts

The claimant brought a claim against Tayside Contracts in 2014. 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 request a hearing.

Decision

The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The claimant did not provide acceptable reasons against the strike out or request a hearing despite being given the opportunity.

Practical note

A claimant must actively pursue their claim and respond to tribunal orders, or risk having the claim struck out for non-pursuit regardless of its underlying merits.

Legal authorities cited

Statutes

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

Case details

Case number
4110381/2014
Decision date
9 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No