Cases→100808/2010

Claimant v Inverclyde Council

9 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 failure to actively pursue. The claimant was given until 23 November 2023 to provide reasons why the claim should not be struck out or request a hearing, but failed to provide acceptable reasons or request a hearing.

Facts

Mrs Kearns brought a claim against Inverclyde Council in 2010. The claim remained dormant for over 13 years. On 9 November 2023, the Tribunal gave 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 or provide acceptable reasons.

Decision

The Tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide acceptable reasons or request a hearing.

Practical note

Claims that are not actively pursued will be struck out, and claimants must respond to tribunal directions or risk losing their claim entirely.

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
100808/2010
Decision date
9 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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