Cases116165/2010

Claimant v Glasgow City Council

24 March 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant failed to respond to the tribunal's unless order dated 13 January 2025 requiring written reasons by 27 January 2025 or a request for hearing. No acceptable reason was provided and no hearing was requested.

Facts

Claimant Ms J Flynn brought proceedings against Glasgow City Council and Glasgow Life. The tribunal issued an unless order on 13 January 2025 requiring the claimant to provide written reasons by 27 January 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) 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 as required by the unless order.

Practical note

Claimants must comply with unless orders requiring them to show cause why claims should not be struck out, or risk having their claims dismissed for non-pursuit.

Legal authorities cited

Statutes

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

Case details

Case number
116165/2010
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