Claimant v Falkirk Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) because it had not been actively pursued by the claimant. The tribunal gave the claimant an opportunity on 25 April 2024 to provide written reasons by 9 May 2024 or request a hearing, but the claimant failed to respond adequately or request a hearing, resulting in the strike-out.
Facts
Mr R Walker brought a claim against Falkirk Council in 2014. The claim was not actively pursued by the claimant for a significant period. On 25 April 2024, the tribunal gave the claimant a final opportunity to provide written reasons by 9 May 2024 or to request a hearing to show cause why the claim should not be struck out. The claimant failed to respond adequately or request a hearing.
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 fair opportunity to respond but failed to provide acceptable reasons or request a hearing.
Practical note
A claimant must actively pursue their claim and respond to tribunal directions, or the claim will be struck out for want of prosecution.
Legal authorities cited
Statutes
Case details
- Case number
- 4105495/2014
- 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