Cases4108390/2019

Claimant v Glasgow City Council

16 April 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. Claimant's solicitors withdrew, claimant failed to provide updated address, tribunal unable to contact claimant, and claimant took no steps to actively pursue the claim.

Facts

The claimant brought a claim against Glasgow City Council. His solicitors withdrew from acting. The tribunal wrote to the claimant seeking confirmation of his intentions, but correspondence was returned as the claimant no longer resided at the address on the ET1. The claimant failed to update his contact details or take any steps to pursue his claim.

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 tribunal assumed the claimant no longer wished to pursue the claim given his failure to maintain contact with the tribunal.

Practical note

Claimants must keep the tribunal informed of their current contact details and actively pursue their claims; failure to do so may result in strike-out even without a formal hearing.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38(1)(d)Employment Tribunal Procedure Rules 2024 rule 38(2)

Case details

Case number
4108390/2019
Decision date
16 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No