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 16 February 2024 or request a hearing to show cause why the claim should not be struck out, but failed to respond or provide acceptable reasons.
Facts
A claim was filed in 2006 by Mrs Blackett against Inverclyde Council. By January 2024, the tribunal had concerns that the claim was not being actively pursued. On 26 January 2024, the tribunal gave the claimant until 16 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.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue. The claimant was given a clear opportunity to show cause why the claim should continue but failed to engage with the tribunal's unless order, providing no response or acceptable justification for the lack of progress.
Practical note
Employment tribunals will strike out claims that are not actively pursued, particularly where claimants fail to respond to unless orders giving them an opportunity to show cause why the claim should continue.
Legal authorities cited
Statutes
Case details
- Case number
- 124058/2006
- Decision date
- 1 March 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Inverclyde Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No