Cases100754/2010

Claimant v Inverclyde Council

11 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 non-pursuit. The claimant was given an opportunity on 7 November to provide written reasons by 21 November 2023 or request a hearing but failed to do so. The tribunal determined the claim had not been actively pursued.

Facts

The claimant filed a claim in 2010 against Inverclyde Council but subsequently failed to actively pursue it. On 7 November, the tribunal issued an unless order giving 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 by the deadline.

Decision

The tribunal struck out the claim under rule 37(1)(d) for non-pursuit. The claimant was given a final opportunity to explain why the claim should continue but failed to provide acceptable reasons or request a hearing, leading to the claim being dismissed.

Practical note

Claimants must actively pursue their claims and comply with tribunal directions, including unless orders, or risk having their claims struck out for non-pursuit.

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
100754/2010
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