Cases4104605/2019

Claimant v Glasgow City Council

27 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 38(1)(d) because it had not been actively pursued. The claimant was given until 28th January 2025 to provide written reasons or request a hearing but failed to give an acceptable reason or make such a request.

Facts

Mrs McIlhargey brought a claim against Glasgow City Council and Cordia (Services) LLP in 2019. The claim was not actively pursued. On 14th January 2025, the Tribunal gave the claimant until 28th January 2025 to provide written reasons or request a hearing to explain why the claim should not be struck out. The claimant failed to respond 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 a final opportunity to explain or request a hearing but failed to do so.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claim struck out for non-pursuit even after years on the tribunal register.

Legal authorities cited

Statutes

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

Case details

Case number
4104605/2019
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