Cases4102121/2013

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). Claimant's solicitors withdrew from acting, claimant failed to respond to status enquiry letter, moved address without notifying tribunal, and tribunal unable to communicate with claimant.

Facts

Ms Lowrie brought a claim against Glasgow City Council in 2013. Her solicitors withdrew from acting. The tribunal sent a status enquiry letter and then a strike out warning letter on 16 January 2025, but correspondence was returned as the claimant no longer resided at the address on the ET1. The claimant failed to update her address with the tribunal and took no steps to pursue her claim.

Decision

The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The claimant failed to respond to tribunal correspondence, moved without notifying the tribunal of her new address, and the tribunal was unable to communicate with her. The tribunal assumed she no longer wished to pursue the claim.

Practical note

Claimants must keep the tribunal updated with their current contact details and respond to tribunal correspondence, or risk their claim being struck out for non-pursuit even after many years.

Legal authorities cited

Statutes

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

Case details

Case number
4102121/2013
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