Cases104923/2011

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). Claimant's solicitors withdrew, claimant failed to provide new address to tribunal, and correspondence was returned undelivered. Tribunal assumed claimant no longer wished to pursue the claim.

Facts

The claimant brought an employment claim against Glasgow City Council in 2011. Her solicitors subsequently withdrew from acting. The tribunal wrote to the claimant on 11 December 2024 seeking confirmation of her intention to proceed, but the correspondence was returned as the claimant no longer resided at the address on the ET1. The claimant failed to notify the tribunal of any new address.

Decision

The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The claimant had failed to maintain contact with the tribunal by not updating her address after her solicitors withdrew. The tribunal could not communicate with her and assumed she no longer wished to pursue the claim.

Practical note

Claimants must keep the tribunal informed of their current contact details, particularly after legal representation ceases, or risk having their claim struck 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
104923/2011
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