Cases4107337/2017

Claimant v Glasgow City Council

11 July 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 it. The claimant was given until 6 June 2024 to provide written reasons or request a hearing as to why the claim should not be struck out, but failed to provide an acceptable reason or request a hearing.

Facts

Ms Gibson brought an employment tribunal claim against Glasgow City Council in 2017. The claim remained dormant for several years. On 16 May 2024, the tribunal gave the claimant until 6 June 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond adequately or request a hearing.

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 an opportunity to show cause but failed to provide an acceptable reason or request a hearing.

Practical note

Claims that are not actively pursued for extended periods risk being struck out, and claimants must respond to tribunal directions giving them an opportunity 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
4107337/2017
Decision date
11 July 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No