Cases→100764/2010

Claimant v Inverclyde Council

10 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 not being actively pursued. The claimant was given an opportunity until 23 November 2023 to provide written reasons or request a hearing but failed to do so, demonstrating non-pursuit of the claim.

Facts

This was a claim filed in 2010 by Mrs Hanley against Inverclyde Council. The tribunal issued an order on 9 November 2023 giving the claimant until 23 November 2023 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond to this order.

Decision

The tribunal struck out the claim under rule 37(1)(d) for not being actively pursued. The claimant was given a clear opportunity to respond but failed to provide acceptable reasons or request a hearing, demonstrating lack of active pursuit.

Practical note

Claimants must respond to tribunal orders and actively pursue their claims, or risk having them struck out for non-pursuit even after many years.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37(1)(d)

Case details

Case number
100764/2010
Decision date
10 January 2024
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
Inverclyde Council
Sector
local government
Represented
No

Claimant representation

Represented
No
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