Claimant v South Lanarkshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given an opportunity until 11 March 2024 to provide written reasons or request a hearing as to why the claim should not be struck out but failed to give an acceptable reason or request a hearing.
Facts
Mrs MacKie filed a claim against South Lanarkshire Council in 2011. On 26 February 2024, the Tribunal gave the claimant until 11 March 2024 to provide written reasons or request a hearing as to why the claim should not be struck out for non-pursuit. The claimant failed to respond or provide any acceptable reason, and did not request a hearing.
Decision
The Tribunal struck out the claim under rule 37(1)(d) of the 2013 Employment Tribunals Rules on the grounds that it had not been actively pursued. The claimant was given an opportunity to explain or request a hearing but failed to do so.
Practical note
Claims that remain dormant for extended periods will be struck out for non-pursuit if claimants fail to respond to tribunal directions giving them a final opportunity to explain why the claim should proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 113065/2011
- Decision date
- 27 March 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- South Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No