Claimant v Falkirk Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) because the claimant failed to actively pursue it. Correspondence was returned marked 'gone away', no new address was provided, and the claimant's previous legal representatives had withdrawn and held no alternative address for him.
Facts
The claimant brought a claim against Falkirk Council in 2014. The claimant's legal representatives withdrew from acting. Tribunal correspondence to the claimant at his provided address was returned marked 'gone away', and no alternative address was provided. The previous agents held no other address for the claimant.
Decision
Employment Judge Wiseman struck out the claim under rule 37(1)(d) on the basis that it had not been actively pursued. The tribunal was unable to contact the claimant and there was no evidence he was continuing to pursue his claim.
Practical note
Claimants must keep the tribunal and their representatives informed of their current contact details and actively pursue their claims, or risk having them struck out for non-pursuit under rule 37(1)(d).
Legal authorities cited
Statutes
Case details
- Case number
- 4105431/2014
- Decision date
- 25 April 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Falkirk Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No