Cases114918/2009

Claimant v Glasgow City Council

13 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 26 September 2024 after being given the opportunity by the Tribunal on 12 September 2024.

Facts

This is a strike-out judgment in a claim brought by Mrs McGuire against Glasgow City Council with case number 114918/2009. On 12 September 2024, the Tribunal gave the claimant until 26 September 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 by the deadline.

Decision

The Tribunal struck out the claim under rule 37(1)(d) of the 2013 Regulations on the grounds that the claim had not been actively pursued. The claimant was given a clear opportunity to respond but failed to do so, leading to the claim being dismissed.

Practical note

Tribunals will strike out claims for non-pursuit where claimants fail to respond to tribunal directions, even when given explicit opportunities to explain or request a hearing.

Legal authorities cited

Statutes

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

Case details

Case number
114918/2009
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