Cases114060/2009

Claimant v Glasgow City Council

14 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 not being actively pursued. The claimant failed to respond to the tribunal's unless order dated 12 September 2024 requiring written reasons by 26 September 2024 or a request for a hearing.

Facts

Mrs Cairns brought a claim against Glasgow City Council and Cordia (Services) LLP in 2009. The claim was not actively pursued. On 12 September 2024, the tribunal issued an unless order requiring the claimant to provide written reasons by 26 September 2024 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond.

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 comply with the unless order and did not provide acceptable reasons or request a hearing.

Practical note

Claimants must actively pursue their claims and comply with tribunal directions, including unless orders, or face strike-out even in long-standing 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
114060/2009
Decision date
14 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No