Cases114291/2009

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, demonstrating claim had not been actively pursued.

Facts

Mrs Dover 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 show cause why the claim should not be struck out. The claimant failed to respond to this order or request a hearing.

Decision

The tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules on the grounds that the claim had not been actively pursued. The claimant's failure to respond to the tribunal's unless order demonstrated a lack of active pursuit.

Practical note

Failure to respond to tribunal orders, particularly unless orders requiring reasons why a claim should not be struck out, will result in the claim being struck out for non-pursuit.

Legal authorities cited

Statutes

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

Case details

Case number
114291/2009
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