Cases100913/2010

Claimant v Inverclyde Council

12 January 2024Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for failure to actively pursue the claim. The claimant failed to respond to the tribunal's notice of 8 November 2023 requiring written reasons by 22 November 2023 or a request for hearing as to why the claim should not be struck out.

Facts

The claimant filed a claim in 2010 against Inverclyde Council. On 8 November 2023, the tribunal issued an unless order requiring the claimant to provide written reasons by 22 November 2023 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond to this notice.

Decision

The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue. The claimant did not provide acceptable reasons or request a hearing in response to the tribunal's notice, demonstrating a lack of active pursuit of the claim.

Practical note

Employment tribunal claims filed but not actively pursued for an extended period will be struck out if the claimant fails to respond to the tribunal's unless orders.

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
100913/2010
Decision date
12 January 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Inverclyde Council
Sector
local government
Represented
No

Claimant representation

Represented
No