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 pursuedThe 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.
Claim Types
Key Issues
- •Whether claim should be struck out for failure to actively pursue
Decision Text
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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Case Details
- Claimant
- Mrs J Devlin
- Case No.
- 4105805/2015
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 27 February 2026
- Published
- 13 May 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Wiseman