Cases115282/2009

Claimant v Glasgow City Council

15 January 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant failed to provide written reasons or request a hearing by the deadline of 24 September 2024 after being given the opportunity on 10 September 2024.

Facts

Mrs J Robson brought a claim in 2009 against Glasgow City Council and Cordia (Services) LLP. The claim appears to have remained dormant for many years. On 10 September 2024, the Tribunal gave the claimant until 24 September 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond by the deadline.

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 clear opportunity to explain why the claim should continue but failed to provide acceptable reasons or request a hearing within the time allowed.

Practical note

Tribunals will strike out long-dormant claims where claimants fail to respond to unless orders, even after being given a clear opportunity to provide reasons or request a hearing.

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
115282/2009
Decision date
15 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No