Cases4108874/2019

Claimant v Glasgow City Council

28 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew from acting, claimant failed to respond to tribunal status enquiry, failed to provide updated address, and correspondence was returned undelivered. Tribunal concluded claimant no longer wished to pursue the claim.

Facts

The claimant brought a claim against Glasgow City Council in 2019. Her solicitors subsequently withdrew from acting on her behalf. The tribunal sent a status enquiry letter to confirm whether she wished to continue with her claim, but she did not respond. A strike out warning letter was sent on 26 February 2025 but was returned to the tribunal as the claimant no longer resided at the address provided on her ET1 form. The claimant took no steps to update the tribunal with her new address.

Decision

The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The claimant had failed to respond to tribunal correspondence, failed to provide an updated address, and the tribunal was unable to communicate with her. The tribunal concluded that the claimant no longer wished to pursue her claim.

Practical note

Claimants must keep the tribunal informed of their current contact details and respond to tribunal correspondence, or risk having their claim struck out for non-pursuit even without a hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 38(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 38(2)

Case details

Case number
4108874/2019
Decision date
28 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No