Cases4112420/2018

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 non-pursuit. Claimant's solicitors withdrew from acting, claimant failed to respond to tribunal status enquiry, and correspondence was returned as claimant no longer resided at the address on the ET1. Tribunal unable to contact claimant as no new address provided.

Facts

The claimant brought a claim against Glasgow City Council. His solicitors withdrew from acting. The tribunal sent a status enquiry letter and strike out warning letter on 19 February 2025, but correspondence was returned indicating the claimant no longer resided at the address on his ET1. The claimant took no steps to advise the tribunal of a new address.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue the claim. Unable to communicate with the claimant due to no current address being provided, the tribunal assumed the claimant no longer wished to pursue his 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 if previously represented by solicitors.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Schedule 1 rule 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Schedule 1 rule 38

Case details

Case number
4112420/2018
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