West Lothian Council

Case Summary

The claimant's claim against West Lothian Council was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant initially indicated a wish to withdraw her claim on 20 February 2026 but then failed to respond to multiple tribunal requests for confirmation, despite being given multiple opportunities including a deadline of 9 April 2026 to provide written reasons or request a hearing.

The claim was struck out because the claimant failed to actively pursue it, having initially indicated a wish to withdraw on 20 February 2026 but then failing to respond to three separate tribunal requests for confirmation and subsequently failing to respond to a 9 April 2026 deadline to provide written reasons or request a hearing.

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• •non-pursuit of claim
• •failure to respond to tribunal correspondence
• •strike out under rule 38(1)(d) Employment Tribunal Procedure Rules 2024

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge Eccles Julie Short Claimant West Lothian Council Respondents Represented by: Reece Ashmore - Solicitor JUDGMENT The claim is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds:  that the claim has not been actively pursued in terms of rule 38(1)(d) REASONS 1. On 20 February 2026, the claimant notified the Tribunal that she wished to withdraw her “appeal”. On 24 February 2026, the Tribunal wrote to the claimant requesting that she confirm if she wished to withdraw her claim. The claimant did not respond to the Tribunal. The Tribunal wrote to the claimant again on 3 March 2026 requesting that she confirm if she wished to withdraw her claim, The claimant did not respond to the Tribunal. On 17 March 2026, the Tribunal wrote out to the claimant again and asked her to confirm if she was withdrawing her claim and if no response was received, the Legal Officer might consider issuing a strike out warning. 2. On 2 April 2026, the Tribunal gave the claimant an opportunity to give written reasons by 9 April 2026 or to request a hearing in order to consider why the claim should not be struck out. 3. The claimant has failed to respond or 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 parties: 10 April 2026