Cases114628/2009

Claimant v Glasgow City Council

8 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 opportunity until 18 September 2024 to provide reasons or request hearing but failed to provide acceptable reasons or request a hearing.

Facts

This was a claim brought by Mr A Kelly against Glasgow City Council and Cordia (Services) LLP with a case number from 2009. On 4 September 2024, the Tribunal gave the claimant until 18 September 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond with acceptable reasons or request a hearing.

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 failed to engage with the tribunal's directions or provide any reason why the claim should continue.

Practical note

A claim that is not actively pursued, even one filed many years earlier, will be struck out if the claimant fails to respond to tribunal directions or provide acceptable reasons for non-engagement.

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
114628/2009
Decision date
8 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No