Cases4100439/2019

Claimant v Glasgow City Council

10 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. The claimant was given until 31 January 2025 to provide written reasons or request a hearing to show cause why the claim should not be struck out. The claimant failed to provide acceptable reasons or request a hearing, and therefore the tribunal struck out the claim.

Facts

This case involved a claim by Mr McKean against Glasgow City Council filed in 2019. The tribunal determined that the claim had not been actively pursued by the claimant. On 17 January 2025, the tribunal gave the claimant until 31 January 2025 to provide reasons why the claim should not be struck out or to request a hearing.

Decision

The tribunal struck out the claim under rule 38(1)(d) on grounds of non-pursuit. The claimant failed to provide acceptable reasons why the claim should not be struck out and did not request a hearing to address the issue.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claims struck out for non-pursuit regardless of underlying merit.

Legal authorities cited

Statutes

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

Case details

Case number
4100439/2019
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