Ms F McKelvie v North Ayrshire Council: 116447/2008
JUDGMENT
The Judgment of the Employment Tribunal is, having reconsidered the Judgment dated 9 January 2024 striking out the claim, to revoke the Judgment dated 9 January 2024 and allow the claim to proceed.REASONS
[1]On 9 January 2024 the Tribunal struck out the claim on the grounds that it had not been actively pursued in terms of Rule 37(1) (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[2]The claimant applied for reconsideration of the Judgment dated 9 January 2024 on the grounds that she did not receive the warning letter from the Tribunal that her claim would be struck out if she did not provide written reasons why her claim should not be struck out or request a hearing. The application for reconsideration was not opposed by the respondent.[3]In all the circumstances, the Tribunal is persuaded that on reconsideration, the Judgment dated 9 January 2024 should be revoked and the claim allowed to proceed. F Eccles