Claimant v Angus Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for non-pursuit. The claimant's correspondence was returned marked 'gone away', no new address was provided, and the claimant's previous agents withdrew from acting and held no alternative address.
Facts
The claimant Ms G Russell brought a claim against Angus Council in 2015. By September 2024, correspondence to the claimant at her provided address was returned marked 'gone away'. The claimant's previous legal representatives had withdrawn from acting and held no alternative address for her. The claimant failed to update her contact details with the tribunal.
Decision
Employment Judge Wiseman struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules on the grounds that it had not been actively pursued. The tribunal found that the claimant's failure to maintain contact and provide a current address demonstrated that the claim was not being actively pursued.
Practical note
Claimants must maintain current contact details with the tribunal and actively pursue their claims, or risk having them struck out for non-pursuit even after years of proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 4102040/2015
- Decision date
- 6 September 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Angus Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No