Claimant v North Ayrshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for not being actively pursued. The claimant failed to respond to the tribunal's notice dated 13 December 2023 which gave an opportunity to provide written reasons by 27 December 2023 or to request a hearing to explain why the claim should not be struck out.
Facts
Ms Armstrong brought a claim against North Ayrshire Council in 2008. The claim appears to have remained inactive for a significant period. On 13 December 2023, the tribunal issued a notice giving the claimant until 27 December 2023 to provide written reasons or request a hearing to explain 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) of the Employment Tribunals Rules 2013 on the grounds that the claim had not been actively pursued. The claimant was given a clear opportunity to respond or request a hearing but failed to do so, providing no acceptable reason why the claim should continue.
Practical note
Claimants must actively pursue their claims and respond to tribunal directions, or risk strike-out for non-pursuit even in long-running cases.
Legal authorities cited
Statutes
Case details
- Case number
- 116452/2008
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No