Claimant v Inverclyde Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) because the claimant failed to actively pursue it. The tribunal gave the claimant until 21 November 2023 to provide written reasons or request a hearing to show cause why the claim should not be struck out, but the claimant failed to respond or provide an acceptable reason.
Facts
Ms Murdoch filed a claim against Inverclyde Council in 2009. The claim remained dormant for many years. 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 or provide any acceptable reason.
Decision
Employment Judge Frances Eccles 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 show cause but failed to do so.
Practical note
Claims that are not actively pursued, even if filed many years ago, will be struck out if the claimant fails to respond to tribunal directions to show cause.
Legal authorities cited
Statutes
Case details
- Case number
- 101793/2009
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No