Claimant v Inverclyde Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue it. The claimant was given until 21 November 2023 to provide written reasons or request a hearing as to why the claim should not be struck out, but failed to provide an acceptable reason or request a hearing.
Facts
This was a claim filed in 2010 by Mrs Hunter against Inverclyde Council. By 2023, the claim had not been actively pursued. On 7 November 2023, the Tribunal gave the claimant until 21 November 2023 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond with acceptable reasons or request a hearing.
Decision
The Tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules on the grounds that it had not been actively pursued. The claimant was given an opportunity to explain why the claim should continue but failed to provide an acceptable reason or request a hearing.
Practical note
Claimants must actively pursue their claims; failure to respond to tribunal directions about strike-out will result in the claim being dismissed for want of prosecution.
Legal authorities cited
Statutes
Case details
- Case number
- 100775/2010
- Decision date
- 11 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Inverclyde Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No