Mr J Johnston v N J J McNaughton: 8002651/2025
JUDGMENT
The claim is struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it has not been actively pursued.REASONS
[1]The claim was received on 3 November 2025, the notice of claim was sent to the respondent on 5 November 2025. The service papers were returned from the respondent’s address marked as “addressee gone away” on 10 November 2025. On 17 November 2025 the Tribunal wrote to the claimant for an alternative address for the respondent with a reply by date of 24 November 2025. No reply was received.[2]A reminder was sent to the claimant on 18 December 2025 to provide the requested information with a reply by date of 29 December 2025, no reply was received.[3]On 9 January 2025 the Tribunal gave the claimant an opportunity to give reasons by 23 January 2025 why the claim should not be struck out as it had not been actively pursued. The time limit for so doing has passed and the claimant has failed to respond.[4]The claim is therefore struck out under the provisions of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the ground that it has not been actively pursued.