4105805/2015Struck out

NHS Highlands

v Mrs J Devlin

27 February 2026·Employment Tribunal·Scotland·Employment Judge L Wiseman

Respondent

NHS Highlands

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Decision date

27 February 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge L Wiseman

Case Summary

The claimant's claim against NHS Highlands was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the ground that the claim had not been actively pursued. The claimant failed to provide acceptable reasons why the claim should not be struck out or to request a hearing despite being given the opportunity to do so.

Why this outcome?

Not actively pursued

The claim was struck out because the claimant failed to give an acceptable reason why the judgment should not be made or to request a hearing after being given an opportunity to do so by 17 February 2026.

Key Issues

  • Whether claim should be struck out for failure to actively pursue

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge L Wiseman Mrs J DevlinClaimant NHS HighlandsRespondent JUDGMENT The claim is struck out under rule 38 of theEmployment Tribunal Procedure Rules 2024 on the groundsthat the claim has not been actively pursued in terms of rule 38(1)(d) REASONS 1.On 10 February 2026 the Tribunal gave the claimant an opportunity to give written reasons by 17 February 2026 or to request a hearing in order to consider why the claim should not be struck out. 2.The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim. Date sent to parties27th February 2026

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