Cases8000328/2025

Claimant v Glasgow Clyde College

18 November 2025Before Employment Judge M WhitcombeScotlandin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

The claim was struck out under rule 38(1)(b) for unreasonable conduct of proceedings. The claimant repeatedly refused to engage meaningfully with the tribunal, asserting that inaccuracies in 'the record' prevented her from lawfully participating. Despite multiple warnings, the claimant's obstructive approach made a fair trial impossible.

Facts

The claimant brought two claims including race discrimination against Glasgow Clyde College. After submitting the claims in February 2025, the claimant persistently refused to engage with tribunal procedures, asserting that inaccuracies in 'the record' prevented her from lawfully participating. Despite repeated case management hearings, warnings from the tribunal, and access to legal advice, the claimant maintained she could not lawfully engage until the tribunal corrected alleged inaccuracies in its records (which in fact reflected decisions she disagreed with). The claimant attended a preliminary hearing on 10 November 2025 but refused to make any substantive submissions.

Decision

Employment Judge Whitcombe struck out both claims under rule 38(1)(b) for unreasonable conduct of proceedings. The judge found that the claimant's deliberate refusal to cooperate, despite multiple warnings, made a fair trial impossible. The claimant's obstructive approach had consumed disproportionate tribunal resources over nine months with little meaningful progress, and there was no prospect of future cooperation. Strike out was the only proportionate response in the circumstances.

Practical note

Litigants in person must cooperate with tribunal procedures and comply with the overriding objective; persistent refusal to engage meaningfully, even when accompanied by attendance, can justify strike out under rule 38(1)(b) where it makes a fair trial impossible and no lesser sanction would suffice.

Legal authorities cited

Smith v Tesco Stores Ltd [2023] EAT 11Anyanwu v South Bank Student Union [2001] ICR 391Bolch v Chipman [2004] IRLR 140De Keyser Ltd v Wilson [2001] IRLR 324Bennett v Southwark LBC [2002] ICR 881Bailey v Aviva Employment Services Ltd [2025] EAT 109Blockbuster Entertainment Ltd v James [2006] IRLR 630Emuemukoro v Croma Vigilant (Scotland) Ltd [2022] ICR 327Arrow Nominees Inc v Blackledge [2000] 2 BCLC 167

Statutes

Employment Tribunal Procedure Rules 2024 rule 3Employment Tribunal Procedure Rules 2024 rule 38(1)(b)

Case details

Case number
8000328/2025
Decision date
18 November 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No