Claimant v Falkirk Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given until 7 May 2024 to provide written reasons or request a hearing but failed to provide acceptable reasons or respond.
Facts
This was a claim filed in 2014 against Falkirk Council. The claim had not been actively pursued by the claimant. On 24 April 2024, the Tribunal gave the claimant until 7 May 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 acceptable reasons.
Decision
The Tribunal 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 claimant was given a final opportunity to explain the non-pursuit but failed to respond.
Practical note
Employment tribunals will strike out claims that are not actively pursued, even long-standing cases, where claimants fail to respond to unless orders or provide acceptable explanations for delay.
Legal authorities cited
Statutes
Case details
- Case number
- 4105399/2014
- Decision date
- 23 May 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Falkirk Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No