Cases115436/2009

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 was unable to communicate with claimant. Tribunal assumed claimant no longer wished to pursue the claim.

Facts

The claimant's solicitors withdrew from acting on her behalf. The tribunal wrote to her on 19 July 2024 to confirm her intentions regarding the claim. The correspondence was returned as the claimant no longer resided at the address on the ET1. The claimant took no steps to advise the tribunal of her new address.

Decision

The tribunal struck out the claim under rule 37(1)(d) on grounds of non-pursuit. Unable to communicate with the claimant and having received no updated contact details, the tribunal assumed she no longer wished to pursue her claim.

Practical note

Claimants must keep the tribunal informed of their current address; failure to do so may result in strike-out for non-pursuit even without formal notice under rule 37(2).

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
115436/2009
Decision date
6 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
local government
Represented
No

Claimant representation

Represented
No