Claimant v North Ayrshire Council
Outcome
Individual claims
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The claimant was given an opportunity on 13 December 2023 to provide reasons by 27 December 2023 or request a hearing as to why the claim should not be struck out, but failed to provide an acceptable reason or request a hearing.
Facts
Ms Hunter filed a claim against North Ayrshire Council in 2008. By December 2023, the tribunal determined the claim had not been actively pursued. On 13 December 2023, the tribunal gave 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 acceptable reasons.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The claimant was given a final opportunity to explain why the claim should continue but failed to engage with the tribunal process.
Practical note
A claim filed in 2008 but not actively pursued will be struck out under rule 37(1)(d), even where the claimant is given a final opportunity to engage with the process.
Legal authorities cited
Statutes
Case details
- Case number
- 116515/2008
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No