Cases121363/2008

Claimant v Glasgow City Council

28 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 non-pursuit. The claimant was given until 28 August 2024 to provide written reasons or request a hearing to show why the claim should not be struck out, but failed to respond or provide acceptable reasons.

Facts

Mrs Ward brought a claim against Glasgow City Council in 2008. The case remained dormant for many years. In August 2024, the tribunal gave the claimant until 28 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 acceptable reasons.

Decision

The tribunal struck out the claim under rule 37(1)(d) on grounds of non-pursuit. Despite being given a clear opportunity to engage with the proceedings or explain the delay, the claimant failed to take any action.

Practical note

A claim that has not been actively pursued for an extended period will be struck out, particularly where the claimant fails to respond to tribunal orders providing a final opportunity to explain the inactivity.

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
121363/2008
Decision date
28 October 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No