Claimant v Glasgow City Council
Outcome
Individual claims
The claim was struck out under rule 38 for non-pursuit after the claimant failed to provide written reasons by the deadline of 3rd February 2025 or request a hearing to explain why the claim should not be struck out.
Facts
This case was brought by Mr L McNeil as executor of Mrs L McNeil against Glasgow City Council. The case number suggests it was filed in 2011. On 20 January 2025, the tribunal gave the claimant an opportunity to provide written reasons by 3 February 2025 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or provide acceptable reasons.
Decision
The tribunal struck out the claim under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant was given an opportunity to respond but failed to do so or request a hearing.
Practical note
Claims that are not actively pursued will be struck out, even in cases involving executors continuing claims on behalf of deceased claimants, and tribunals will provide fair notice before doing so.
Legal authorities cited
Statutes
Case details
- Case number
- 105182/2011
- 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