Cases109291/2011

Claimant v Glasgow City Council

24 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 38(1)(d) for non-pursuit. The claimant failed to respond to the tribunal's unless order dated 13 January 2025 requiring reasons by 27 January 2025 or a request for hearing, and did not provide acceptable reasons or engage with the process.

Facts

Ms Leith filed a claim against Glasgow City Council and Cordia (Services) LLP in 2011. The claim remained dormant for over 13 years. On 13 January 2025, the tribunal issued an unless order requiring the claimant to provide reasons by 27 January 2025 or request a hearing as to why the claim should not be struck out for non-pursuit. The claimant failed to comply with this order.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that it had not been actively pursued. The claimant failed to provide acceptable reasons or request a hearing in response to the tribunal's unless order.

Practical note

Claimants must actively pursue their claims and respond to tribunal orders, or risk having their claims struck out for non-pursuit even after many years.

Legal authorities cited

Statutes

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

Case details

Case number
109291/2011
Decision date
24 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No