Cases112593/2011

Claimant v Argyll & Bute Council

1 March 2024Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) because it had not been actively pursued. The claimant was given until 19 February 2024 to provide written reasons or request a hearing but failed to do so.

Facts

Mr Croft filed a claim against Argyll & Bute Council in 2011. The case remained dormant for over 12 years. On 29 January 2024, the tribunal gave the claimant until 19 February 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond.

Decision

The tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant failed to provide acceptable reasons or request a hearing after being given the opportunity to do so.

Practical note

Claimants must actively pursue their claims or risk strike-out, even where claims have been pending for many years.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1 rule 37Employment Tribunals Rules rule 37(1)(d)

Case details

Case number
112593/2011
Decision date
1 March 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No