Claimant v Glasgow Clyde College
Outcome
Individual claims
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
Statutes
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