Claimant v Glasgow City Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue the claim. The claimant was given an opportunity on 13 August 2024 to provide written reasons by 27 August 2024 or request a hearing to show cause why the claim should not be struck out, but failed to respond or provide acceptable reasons.
Facts
This was a long-standing claim originally filed in 2008 against Glasgow City Council. By August 2024, the tribunal had concerns that the claim was not being actively pursued. On 13 August 2024, the tribunal gave the claimant until 27 August 2024 to provide written reasons why the claim should not be struck out, or to request a hearing. The claimant failed to respond or provide any acceptable reasons.
Decision
The tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules on the grounds that the claim had not been actively pursued. The claimant was given a clear opportunity to show cause but failed to engage with the tribunal's warning.
Practical note
A claim that has been dormant for many years will be struck out if the claimant fails to respond to the tribunal's warning and opportunity to show cause why it should continue.
Legal authorities cited
Statutes
Case details
- Case number
- 121365/2008
- Decision date
- 17 December 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No