Cases8002096/2024

Claimant v Culture and Sport Glasgow Trading as Glasgow Life

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out under rule 38(1)(d) for non-pursuit. The claimant failed to appear at the preliminary hearing on 31 March 2025, failed to confirm he wished to pursue the claim despite multiple requests, and failed to respond to the strike-out warning by the deadline of 21 July 2025.

Facts

The claimant brought an unfair dismissal claim against Culture and Sport Glasgow. A preliminary hearing was scheduled for 31 March 2025 to consider time bar issues, but the claimant failed to appear. Despite multiple requests from the Tribunal to confirm whether he wished to pursue the claim, including a formal strike-out warning issued on 28 April 2025 and a final opportunity given on 5 July 2025 with a deadline of 21 July 2025, the claimant failed to respond appropriately or request a hearing.

Decision

The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant was given multiple opportunities to confirm his intention to proceed and to respond to the strike-out warning, but failed to do so.

Practical note

Claimants must actively engage with tribunal procedures and respond to orders and warnings, or risk having their claims struck out for non-pursuit even before the merits are considered.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
8002096/2024
Decision date
6 August 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No