Cases106705/2005

Claimant v Glasgow City Council

10 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 respond to tribunal's opportunity given on 12 September 2024 to provide written reasons by 26 September 2024 or request a hearing as to why the claim should not be struck out.

Facts

Mrs P Nelson brought a claim against Glasgow City Council. On 12 September 2024, the tribunal gave the claimant an opportunity 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 or provide any acceptable reason, and failed to request a hearing.

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 deadline and opportunity to respond but failed to do so, leading to the dismissal of the entire claim.

Practical note

Claimants must actively engage with tribunal procedures and respond to unless orders or face strike-out for non-pursuit even without a full hearing on the merits.

Legal authorities cited

Statutes

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

Case details

Case number
106705/2005
Decision date
10 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No