Cases4101307/2019

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 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The claimant failed to respond by the 6 March 2025 deadline after being given opportunity to provide written reasons or request a hearing.

Facts

This case was brought by Miss McNab against Glasgow City Council and Cordia (Services) LLP. The tribunal issued an unless order on 20 February 2025 requiring the claimant to provide written reasons by 6 March 2025 or request a hearing to show cause why the claim should not be struck out. The claimant failed to comply with this order.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The claimant was given a clear opportunity to respond but failed to provide acceptable reasons or request a hearing, leading to the claim being dismissed.

Practical note

Failure to comply with an unless order directing a claimant to show cause why a claim should not be struck out will result in strike out for non-pursuit, even without a hearing.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38

Case details

Case number
4101307/2019
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