Cases114309/2009

Claimant v Glasgow City Council

17 January 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 37(1)(d) for non-pursuit. Claimant failed to respond to tribunal order of 12 August 2024 requiring written reasons by 26 August 2024 or request for hearing. Claimant did not actively pursue the claim.

Facts

Mrs Duffy brought a claim against Glasgow City Council and Cordia (Services) LLP in 2009. The tribunal issued an order on 12 August 2024 requiring the claimant to provide written reasons by 26 August 2024 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond or comply with this order.

Decision

The tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant failed to provide acceptable reasons or request a hearing as directed by the tribunal's earlier order.

Practical note

Claimants must actively pursue their claims and comply with tribunal orders or risk strike-out under rule 37(1)(d) for non-pursuit, even in long-running cases.

Legal authorities cited

Statutes

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

Case details

Case number
114309/2009
Decision date
17 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No