Claimant v Inverclyde 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 to provide written reasons by 26 February 2024 or request a hearing but failed to respond or provide acceptable reasons why the claim should not be struck out.
Facts
The claimant filed a claim in 2010 against Inverclyde Council. On 12 February 2024, the Tribunal gave the claimant until 26 February 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 any acceptable reasons, and did not request a hearing.
Decision
The Tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules 2013 on the grounds that the claim had not been actively pursued. The claimant was given an opportunity to show cause but failed to engage with the process.
Practical note
A claim that has been dormant for many years will be struck out for failure to actively pursue if the claimant does not respond to tribunal directions to show cause why it should continue.
Legal authorities cited
Statutes
Case details
- Case number
- 100816/2010
- Decision date
- 4 March 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Inverclyde Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No