Cases4112043/2018

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 from acting, claimant failed to respond to tribunal status enquiry, correspondence returned as claimant no longer at registered address, and claimant failed to update the tribunal with new contact details.

Facts

The claimant brought a claim against Glasgow City Council in 2018. Her solicitors withdrew from acting on her behalf. The tribunal sent a status enquiry letter which went unanswered, followed by a strike out warning letter on 20 February 2025. All correspondence was returned as the claimant no longer resided at the address provided on the ET1 and she had not informed the tribunal of her new address.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue the claim. The claimant had failed to respond to tribunal correspondence, failed to maintain current contact details, and the tribunal assumed she no longer wished to pursue her claim.

Practical note

Claimants must maintain current contact details with the tribunal and respond to status enquiries, or risk having their claim struck out for non-pursuit even where solicitors have withdrawn from acting.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 38Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 38(2)

Case details

Case number
4112043/2018
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