Cases111698/2010

Claimant v Glasgow City Council

25 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The claimant failed to provide written reasons by 27 January 2025 or request a hearing after being given an opportunity to show cause why the claim should not be struck out.

Facts

Ms McGinty brought a claim against Glasgow City Council in 2010. The claim remained dormant for over 14 years. On 13 January 2025, the Tribunal gave the claimant until 27 January 2025 to provide written reasons why the claim should not be struck out for non-pursuit, or to request a hearing. The claimant failed to respond or provide acceptable reasons.

Decision

Employment Judge Frances Eccles 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 an opportunity to show cause but failed to engage with the Tribunal's process.

Practical note

Long-dormant claims will be struck out for non-pursuit where claimants fail to respond to tribunal unless orders requiring them to show cause why the claim should continue.

Legal authorities cited

Statutes

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

Case details

Case number
111698/2010
Decision date
25 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No