Cases115181/2009

Claimant v Glasgow City Council

20 February 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out for non-pursuit under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024. The claimant failed to respond to the tribunal's opportunity to provide reasons or request a hearing after being given notice on 9 January 2025 with a deadline of 23 January 2025.

Facts

This was a claim filed in 2009 by Mrs O'Rourke against Glasgow City Council and Cordia (Services) LLP. The tribunal issued a notice on 9 January 2025 giving the claimant until 23 January 2025 to provide reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or engage with the tribunal's directions.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds of non-pursuit. The claimant had failed to provide any acceptable reason why the claim should continue or to request a hearing despite being given a clear opportunity to do so.

Practical note

Claimants must actively engage with tribunal directions and deadlines, or risk having their claims struck out for non-pursuit, even for long-standing cases.

Legal authorities cited

Statutes

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

Case details

Case number
115181/2009
Decision date
20 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No