Cases121378/2008

Claimant v Glasgow City Council

17 December 2024Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given until 27 August 2024 to provide reasons why the claim should not be struck out or request a hearing, but failed to respond or provide an acceptable reason.

Facts

This was a claim filed in 2008 by Ms Winton against Glasgow City Council. The claim remained inactive for many years. On 13 August 2024, the Tribunal wrote to the claimant giving her until 27 August 2024 to provide reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond.

Decision

The Tribunal struck out the claim under rule 37(1)(d) on grounds that it had not been actively pursued. The claimant was given a final opportunity to explain why the claim should continue but failed to provide an acceptable reason or request a hearing.

Practical note

Claimants must actively pursue their claims or risk strike out; tribunals will strike out claims for non-pursuit even after giving the claimant a final opportunity to respond.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1 rule 37Employment Tribunals Rules rule 37(1)(d)

Case details

Case number
121378/2008
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