Cases4102263/2015

Claimant v City Building (Glasgow) LLP

27 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant failed to respond to tribunal's notice of 12 December 2024 requiring written reasons by 27 December 2024 or request for hearing to show cause why claim should not be struck out.

Facts

The claimant brought a claim against City Building (Glasgow) LLP in 2015. The tribunal gave the claimant notice on 12 December 2024 to provide written reasons by 27 December 2024 or request a hearing to show cause why the claim should not be struck out for non-pursuit. The claimant failed to respond or provide any acceptable reason.

Decision

The tribunal struck out the claim under rule 38(1)(d) on the grounds that it had not been actively pursued. The claimant was given an opportunity to show cause but failed to respond.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk strike-out for non-pursuit even in long-standing cases.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1 Rule 38Rule 38(1)(d)

Case details

Case number
4102263/2015
Decision date
27 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
construction
Represented
No

Claimant representation

Represented
No