Cases105652/2011

Claimant v Glasgow City Council

19 February 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The claimant failed to provide written reasons or request a hearing by the deadline set by the tribunal on 20 January 2025.

Facts

The claimant Ms L Silvester brought a claim against Glasgow City Council in 2011. The tribunal issued a warning on 20 January 2025 giving the claimant until 3 February 2025 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond to this warning.

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 provide acceptable reasons to avoid strike-out or to request a hearing.

Practical note

Claimants must actively pursue their claims and respond to tribunal warnings or orders, or risk having their claims struck out for non-pursuit regardless of the merits.

Legal authorities cited

Statutes

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

Case details

Case number
105652/2011
Decision date
19 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No