Cases4108321/2019

Claimant v Glasgow City Council

10 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew, claimant failed to respond to tribunal status enquiry, failed to update address, and correspondence was returned undelivered. Tribunal assumed claimant no longer wished to pursue claim.

Facts

The claimant brought a claim against Glasgow City Council. His solicitors withdrew from acting for him. The tribunal sent a status enquiry letter and a strike-out warning letter to the claimant's last known address on 19 February 2025. The correspondence was returned to the tribunal indicating the claimant no longer resided at that address. The claimant failed to update the tribunal with his new contact details.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue the claim. The claimant had not responded to tribunal correspondence, had not updated his address, and the tribunal was unable to communicate with him. The tribunal assumed he no longer wished to pursue his claim.

Practical note

Claimants must keep the tribunal updated with current contact details and respond to tribunal correspondence, or risk having their claim struck out for non-pursuit even without a hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024, Schedule 1, rule 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024, Schedule 1, rule 38

Case details

Case number
4108321/2019
Decision date
10 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No