Cases121148/2008

Claimant v Glasgow City Council

26 November 2024Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for non-pursuit. The claimant failed to respond to the tribunal's order of 11 September 2024 requiring written reasons by 25 September 2024 or a request for hearing. The claimant provided no acceptable reason why the claim should not be struck out.

Facts

Mrs P Nelson brought a claim against Glasgow City Council in 2008. The claim appears to have been dormant for many years. On 11 September 2024, the tribunal issued an unless order giving the claimant until 25 September 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 reason.

Decision

The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The claimant was given a clear opportunity to explain why the claim should continue but failed to engage with the tribunal's order, providing no acceptable reason and not requesting a hearing.

Practical note

Long-dormant claims will be struck out for non-pursuit if claimants fail to respond to unless orders requiring them to show cause why the claim should continue.

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
121148/2008
Decision date
26 November 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No