Claimant v North Lanarkshire Council
Outcome
Individual claims
The tribunal struck out all claims under rule 37(1)(d) because the claimant failed to actively pursue the claims. The claimant was given until 22 November 2023 to provide written reasons or request a hearing but failed to do so or provide any acceptable reason.
Facts
Mrs Rodden had two claims before the Scottish Employment Tribunal against North Lanarkshire Council dating from 2010 and 2015. On 8 November 2023, the tribunal gave the claimant until 22 November 2023 to provide written reasons why the claims should not be struck out or to request a hearing. The claimant failed to respond or provide any acceptable reason.
Decision
The tribunal struck out both claims under rule 37(1)(d) on the grounds that the claims had not been actively pursued. The claimant was given an opportunity to respond but failed to do so or provide any acceptable reason why the claims should continue.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders, or risk having their claims struck out for non-pursuit even where claims are longstanding.
Legal authorities cited
Statutes
Case details
- Case number
- 4112832/2015
- Decision date
- 25 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No