Cases114728/2009

Claimant v Glasgow City Council

17 January 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for non-pursuit. The claimant was given until 26 August 2024 to provide written reasons why the claim should not be struck out or to request a hearing, but failed to do so or provide acceptable reasons.

Facts

Mrs MacKinnon brought a claim against Glasgow City Council and Cordia (Services) LLP in 2009. The claim remained unresolved for many years. On 12 August 2024, the Tribunal gave the claimant until 26 August 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or provide acceptable reasons.

Decision

The Tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant was given a fair opportunity to prevent the strike-out but failed to engage with the Tribunal's process or provide reasons why the claim should continue.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claim struck out for non-pursuit, regardless of how long the claim has been on foot.

Legal authorities cited

Statutes

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

Case details

Case number
114728/2009
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