Cases→114916/2009

Claimant v Glasgow City Council

12 February 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant failed to respond to Tribunal's order of 12 September 2024 giving opportunity to provide reasons or request hearing by 26 September 2024.

Facts

Mrs J McGuiness brought a claim against Glasgow City Council and Cordia (Services) LLP in 2009. On 12 September 2024, the Tribunal ordered the claimant to provide written reasons by 26 September 2024 why the claim should not be struck out, or to request a hearing. The claimant failed to respond to this order or provide any acceptable reason.

Decision

The Tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules 2013 on the grounds that the claim had not been actively pursued. The claimant's failure to respond to the Tribunal's order demonstrated a lack of active pursuit of the claim.

Practical note

Claimants must respond to Tribunal orders and actively pursue their claims, or face strike out for non-pursuit under rule 37(1)(d).

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37(1)(d)

Case details

Case number
114916/2009
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
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