Cases123796/2006

Claimant v Inverclyde Council

24 October 2024Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given an opportunity until 21 August 2024 to provide reasons or request a hearing but failed to provide an acceptable reason or to request a hearing.

Facts

The claimant brought a claim against Inverclyde Council. On 7 August 2024, the tribunal gave the claimant until 21 August 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) on the basis that the claim had not been actively pursued. The claimant was given a clear opportunity to respond but failed to do so.

Practical note

Claimants must actively pursue their claims and respond to tribunal orders, or risk having their claim struck out for non-pursuit under rule 37(1)(d).

Legal authorities cited

Statutes

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

Case details

Case number
123796/2006
Decision date
24 October 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Inverclyde Council
Sector
local government
Represented
No

Claimant representation

Represented
No