Claimant v East Ayrshire Council
Outcome
Individual claims
The tribunal struck out the claim under rule 37(1)(d) because the claimant failed to actively pursue it. After being given until 6 May 2024 to provide written reasons or request a hearing, the claimant failed to respond or provide acceptable reasons why the claim should not be struck out.
Facts
Ms E Alexander filed a claim against East Ayrshire Council in 2010. The claim remained dormant and was not actively pursued. On 15 April 2024, the tribunal gave the claimant a deadline of 6 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 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 an opportunity to show cause why the claim should not be struck out but failed to provide acceptable reasons or request a hearing.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders, or face strike-out for non-pursuit even after many years.
Legal authorities cited
Statutes
Case details
- Case number
- 107443/2010
- Decision date
- 22 May 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- East Ayrshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No