Cases4104607/2019

Claimant v Glasgow City Council

27 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant was given until 28 January 2025 to provide reasons or request a hearing but failed to respond.

Facts

Mrs McKenna brought a claim against Glasgow City Council and Cordia (Services) LLP. The tribunal issued an unless order on 14 January 2025 requiring the claimant to provide written reasons by 28 January 2025 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond.

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, as the claimant failed to comply with the unless order or provide an acceptable reason for non-compliance.

Practical note

Failure to respond to an unless order regarding pursuit of a claim will result in strike out under rule 38(1)(d), even without a hearing.

Legal authorities cited

Statutes

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

Case details

Case number
4104607/2019
Decision date
27 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No