Cases105277/2011

Claimant v Glasgow City Council

18 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 tribunal's order dated 21 January 2025 requiring written reasons by 4 February 2025 or request for hearing as to why claim should not be struck out.

Facts

Mrs Ferguson brought a claim against Glasgow City Council with case number 105277/2011. On 21 January 2025, the tribunal issued an unless order requiring the claimant to provide written reasons by 4 February 2025 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond to this order or request a hearing.

Decision

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

Practical note

Claimants must respond to tribunal orders and actively pursue their claims, or face strike out for non-pursuit under rule 38(1)(d), even where the claim is longstanding.

Legal authorities cited

Statutes

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

Case details

Case number
105277/2011
Decision date
18 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No