Claimant v Glasgow City Council
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for not being actively pursued. The claimant failed to provide acceptable reasons or request a hearing by the deadline of 23 January 2025 after being given the opportunity to do so.
Facts
Mrs McIlhargey brought an employment tribunal claim against Glasgow City Council and Cordia (Services) LLP in 2009. On 9 January 2025, the Tribunal wrote to the claimant giving her until 23 January 2025 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond by the deadline or provide any acceptable reason.
Decision
The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that it had not been actively pursued. The claimant was given a fair opportunity to explain her position but failed to engage with the Tribunal's unless order.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders, even in long-running cases, or risk having their claims struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 114929/2009
- Decision date
- 7 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No