Claim Struck Out for Failure to Respond
📌 In brief
The Employment Tribunal dismissed the claim because the claimant did not respond to the tribunal's request for reasons why the claim should not be struck out.
⚖️ Legal holding
Failure to respond to a tribunal's request can result in a claim being struck out.
📖 Technical summary
The claim was struck out due to lack of response.
📜 Headnote Official document
The Employment Tribunal struck out the claimant's claim after they failed to respond to the tribunal's request for reasons why the claim should not be dismissed.
📚 Full judgment Official document
EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4112813/2019 [NAME_1] Claimant [NAME_2] Respondent Represented by: [NAME_3], Solicitor JUDGMENT The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that the claim has not been actively pursued in terms of rule 37(1)(d).
REASONS 1. On 25 July 2023 the Tribunal gave the claimant an opportunity to give written reasons by 1 August 2023 or to request a hearing in order to consider why the claim should not be struck out. No reply has been received.
2. The claimant has failed to respond or give reasons why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim. Employment Judge: [NAME_4] Date of Judgment: 21 August 2023 Entered in register: 21 August 2023 and copied to parties 4112813/2019 Page 2
❓ Frequently asked questions
What did this decision decide?
The claim was struck out because the claimant did not respond to the tribunal's request for reasons why the claim should not be dismissed.
What was the dispute about?
The dispute was about whether the claimant's case should continue based on their response to the tribunal's request.
How did the court decide, and why?
The court decided to strike out the claim because the claimant did not provide a response as requested by the tribunal.
Which laws or rules were applied?
No specific laws or rules were applied since the decision was based solely on procedural grounds.
What was the argument that mattered most?
The most important argument was the claimant's failure to respond to the tribunal's request.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they respond to all requests from the tribunal to avoid having their claim struck out.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.