Cases4110441/2014

Claimant v Tayside Contracts

8 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. The claimant failed to provide written reasons by the deadline of 16 December 2024 or to request a hearing after being given the opportunity to explain why the claim should not be struck out.

Facts

This was a claim filed in 2014 by Mr J Stewart 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 by the deadline or request a hearing.

Decision

The Employment Tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide acceptable reasons or request a hearing.

Practical note

Claims that are not actively pursued, even after being given an opportunity to explain or request a hearing, will be struck out by the tribunal under rule 37(1)(d).

Legal authorities cited

Statutes

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

Case details

Case number
4110441/2014
Decision date
8 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No