Claimant v Tayside Contracts
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant failed to respond to tribunal's unless order dated 2 December 2024 requiring written reasons by 16 December 2024 or request for hearing as to why claim should not be struck out.
Facts
Claimant Mr S Smith brought a claim against Tayside Contracts with a case number dating from 2014. On 2 December 2024, the tribunal issued an unless order requiring the claimant to provide written reasons by 16 December 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or comply with this order.
Decision
Employment Judge L Wiseman struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant failed to provide an acceptable reason why the claim should not be struck out or to request a hearing after being given the opportunity to do so.
Practical note
Claimants must respond to tribunal unless orders or risk having their claims struck out for non-pursuit, even in long-running cases.
Legal authorities cited
Statutes
Case details
- Case number
- 4110436/2014
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No