Claimant v North Ayrshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given until 27 December 2023 to provide written reasons or request a hearing but failed to respond or provide an acceptable reason why the claim should not be struck out.
Facts
Ms Palmer brought a claim against North Ayrshire Council in 2008. The case remained dormant for approximately 15 years. On 13 December 2023, the tribunal issued an unless order giving the claimant until 27 December 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
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue. The claimant was given a final opportunity to explain why the claim should continue but failed to engage with the tribunal's order, providing no response by the deadline.
Practical note
Employment tribunal claims must be actively pursued; failure to respond to unless orders will result in strike-out even in long-dormant cases.
Legal authorities cited
Statutes
Case details
- Case number
- 116568/2008
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No