Cases115864/2010

Claimant v Glasgow City Council

12 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, claimant failed to update address, correspondence returned undelivered, and claimant took no steps to actively pursue the claim.

Facts

The claimant brought a claim against Glasgow City Council. Her solicitors withdrew from acting. The tribunal wrote to her on 11 December 2024 asking her to confirm her intentions, but the letter was returned as she no longer resided at the address on the ET1. The claimant failed to update her address or take any steps to pursue her claim.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The claimant had not provided an updated address, making communication impossible, and the tribunal assumed she no longer wished to pursue her claim.

Practical note

Claimants must keep the tribunal informed of their current address and actively pursue their claims, or risk strike-out even without notice under rule 38(2) if contact is impossible.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38(1)(d)Employment Tribunal Procedure Rules 2024 rule 38(2)

Case details

Case number
115864/2010
Decision date
12 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No