Cases112430/2010

Claimant v Glasgow City Council

12 February 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d) after claimant's solicitors withdrew, correspondence was returned undelivered, and claimant failed to provide updated contact details to the tribunal.

Facts

The claimant's solicitors withdrew from representing her. The tribunal sent correspondence to her on 12 December 2024 requesting confirmation of her intention to continue the claim. The correspondence was returned undelivered as the claimant no longer resided at the address on the ET1. The claimant failed to update the tribunal with her new contact details.

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 tribunal assumed the claimant no longer wished to pursue her claim given her failure to maintain contact.

Practical note

Claimants must keep the tribunal informed of their current address and actively pursue their claims, particularly after their legal representatives withdraw, or risk strike-out for non-pursuit.

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
112430/2010
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