Cases108788/2006

Claimant v Glasgow City Council

11 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 provide updated address, and tribunal correspondence was returned undelivered. Tribunal unable to contact claimant and assumed claim was no longer being pursued.

Facts

The claimant's solicitors withdrew from representation. The tribunal wrote to the claimant on 16 July 2024 seeking confirmation of her intention to continue with the claim. The correspondence was returned as the claimant no longer lived at the address on the ET1. The claimant failed to provide an updated address or take any steps to maintain contact with the tribunal.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it had not been actively pursued. The tribunal was unable to contact the claimant and assumed she no longer wished to pursue the claim.

Practical note

Claimants must notify the tribunal of address changes and maintain active contact or risk having their claim struck out for non-pursuit, even if previously legally represented.

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
108788/2006
Decision date
11 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No