Cases121290/2008

Claimant v Glasgow City Council

6 January 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 37(1)(d) for non-pursuit. Claimant's solicitors withdrew, claimant failed to provide updated address, and tribunal correspondence was returned undelivered. Tribunal unable to communicate with claimant and assumed she no longer wished to pursue the claim.

Facts

The claimant brought a claim against Glasgow City Council in 2008. Her solicitors withdrew from representation and the tribunal wrote to her on 19 July 2024 requesting confirmation of her intention to proceed. The correspondence was returned as the claimant no longer resided at the address on file. The claimant failed to notify the tribunal of any change of address.

Decision

The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The tribunal was unable to communicate with the claimant as correspondence was returned undelivered, and the claimant had not provided an updated address. The tribunal assumed she no longer wished to pursue the claim.

Practical note

Claimants must keep the tribunal informed of their current address and actively pursue their claims, or risk having them 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 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, Rule 37(2)

Case details

Case number
121290/2008
Decision date
6 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No