Cases121222/2008

Claimant v Glasgow City Council

9 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 was given until 11 December 2024 to provide written reasons or request a hearing but failed to provide acceptable reasons or request a hearing.

Facts

Ms McBain brought a claim against Glasgow City Council with a case number registered in 2008. On 27 November 2024, the Tribunal gave the claimant an opportunity to provide written reasons by 11 December 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or provide acceptable reasons.

Decision

The Tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules 2013 on the grounds that the claim had not been actively pursued. The claimant was given fair opportunity to respond but failed to do so.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claim struck out for non-pursuit 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
121222/2008
Decision date
9 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No