Cases117524/2009

Claimant v Glasgow City Council

27 February 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out under rule 38(1)(d) for failure to actively pursue the claim. The claimant was given until 23 January 2025 to provide written reasons or request a hearing but failed to respond with an acceptable reason.

Facts

A claim was brought against Glasgow City Council and Cordia (Services) LLP in 2009. The Tribunal issued an unless order on 9 January 2025 requiring the claimant to provide written reasons by 23 January 2025 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond appropriately.

Decision

The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant failed to comply with the unless order by providing reasons or requesting a hearing.

Practical note

A claimant must respond to tribunal directions and unless orders, as failure to actively pursue a claim, even one of long standing, will result in strike out under rule 38(1)(d).

Legal authorities cited

Statutes

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

Case details

Case number
117524/2009
Decision date
27 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No