Cases114873/2009

Claimant v Glasgow City Council

13 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 failure to actively pursue. The claimant was given until 24 September 2024 to provide written reasons or request a hearing but failed to give an acceptable reason or request a hearing, resulting in the strike-out.

Facts

Mrs McGarvey brought a claim against Glasgow City Council and Cordia (Services) LLP in 2009. The claim was not actively pursued and by September 2024 the Tribunal gave the claimant an opportunity to explain why the claim should not be struck out by 24 September 2024 or to request a hearing. The claimant failed to respond appropriately.

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 an opportunity to provide reasons or request a hearing but failed to give an acceptable reason, leading to the strike-out on 13 January 2025.

Practical note

A claim filed in 2009 but not actively pursued will be struck out when a claimant fails to respond to the tribunal's invitation to show cause why it should not be dismissed.

Legal authorities cited

Statutes

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

Case details

Case number
114873/2009
Decision date
13 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No