Cases121348/2008

Claimant v Glasgow City Council

29 October 2024Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 37(1)(d) for not being actively pursued. The claimant failed to respond to the tribunal's opportunity to provide written reasons by 28 August 2024 or request a hearing to show cause why the claim should not be struck out.

Facts

This was a claim brought by Mrs Szolowski against Glasgow City Council in 2008. The case remained dormant for many years. On 14 August 2024, the tribunal gave the claimant an opportunity to provide written reasons by 28 August 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or engage with the tribunal's notice.

Decision

The tribunal struck out the claim under rule 37(1)(d) of the Employment Tribunals Rules on the grounds that it had not been actively pursued. The claimant was given an opportunity to provide reasons or request a hearing but failed to do either, providing no acceptable reason why the claim should continue.

Practical note

Claims that are not actively pursued over a long period will be struck out if the claimant fails to respond to a tribunal's unless-style notice 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
121348/2008
Decision date
29 October 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No