Cases121352/2008

Claimant v Glasgow City Council

25 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 unless order dated 14 August 2024 which required written reasons by 28 August 2024 or a request for a hearing to show cause why the claim should not be struck out.

Facts

This was a long-running claim filed in 2008 against Glasgow City Council. On 14 August 2024, the tribunal issued an unless order giving the unrepresented 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 to the order or request a hearing.

Decision

The tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant's failure to comply with the unless order or provide any explanation justified the strike out of the proceedings.

Practical note

Unrepresented claimants must comply with tribunal unless orders or risk having their claim struck out for non-pursuit, even in long-standing cases.

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
121352/2008
Decision date
25 October 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No