Cases4118385/2018

Claimant v Glasgow City Council

11 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out under rule 38(1)(d) for non-pursuit. The claimant's solicitors withdrew, claimant failed to respond to tribunal status enquiry, and correspondence was returned as claimant no longer resided at the address on the ET1. Claimant failed to update tribunal with new address and tribunal could not communicate with her.

Facts

Mrs Benzie brought a claim against Glasgow City Council and Cordia (Services) LLP. Her solicitors withdrew from representing her. The tribunal sent a status enquiry letter which went unanswered, followed by a strike out warning letter on 18 February 2025. All correspondence was returned as the claimant no longer resided at the address on her ET1 form and she had not provided the tribunal with an updated address.

Decision

The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The tribunal could not communicate with the claimant as she had failed to update her address and correspondence was returned undelivered. The tribunal assumed she no longer wished to pursue her claim.

Practical note

Claimants must keep the tribunal informed of their current contact details; failure to do so may result in strike out for non-pursuit even without a hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Rule 38(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Rule 38(2)

Case details

Case number
4118385/2018
Decision date
11 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No