Cases120258/2008

Claimant v Glasgow City Council

4 February 2025Before Employment Judge (name not stated)Scotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out for non-pursuit under rule 37(1)(d). Claimant's solicitors withdrew, claimant failed to provide updated address, tribunal unable to contact claimant, and tribunal assumed claimant no longer wished to pursue the claim.

Facts

Mrs Rooney brought a claim against Glasgow City Council in 2008. Her solicitors withdrew from acting for her. The tribunal wrote to her in July 2024 asking for confirmation of her intention to proceed, but the correspondence was returned as undeliverable. The claimant failed to update her address with the tribunal and took no steps to maintain contact.

Decision

The tribunal struck out the claim under rule 37(1)(d) for non-pursuit. The tribunal was unable to communicate with the claimant after her address became invalid and she failed to provide an updated address. The tribunal assumed she no longer wished to pursue her claim.

Practical note

Claimants must maintain contact with the tribunal and update their contact details; failure to do so will result in strike out for non-pursuit, even in long-running cases.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, rule 37(2)

Case details

Case number
120258/2008
Decision date
4 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No