Claimant v East Ayrshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given until 21 December 2023 to provide written reasons or request a hearing but failed to provide an acceptable reason or to respond, leading to the strike-out.
Facts
Mrs McNaughton brought a claim against East Ayrshire Council in 2010. By November 2023, the tribunal had concerns about whether the claim was being actively pursued. The tribunal issued an unless order on 30 November 2023 requiring the claimant to provide written reasons by 21 December 2023 or request a hearing to explain why the claim should not be struck out. The claimant failed to comply with this order.
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 explain the inactivity or request a hearing but failed to provide an acceptable reason or respond at all, leaving the tribunal with no option but to strike out the claim.
Practical note
Claimants must actively engage with tribunal orders and deadlines, particularly unless orders, as failure to respond will result in automatic strike-out of the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 114577/2010
- Decision date
- 16 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- East Ayrshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No