Cases4100015/2022

Claimant v Glasgow City Council

11 March 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. The claimant was given until 4 March 2024 to provide written reasons or request a hearing as to why the claim should not be struck out, but failed to respond or provide acceptable reasons.

Facts

Ms J Adams brought an employment tribunal claim against Glasgow City Council, Cordia Services LLP, and Culture & Sport Glasgow in January 2022. The tribunal issued an unless order on 12 February 2024 requiring the claimant to provide written reasons by 4 March 2024 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond or provide any acceptable reasons.

Decision

Employment Judge Frances Eccles struck out the claim under rule 37(1)(d) for failure to actively pursue the claim. The claimant had been given an opportunity to provide reasons or request a hearing but failed to do so, leading to the dismissal of the entire claim.

Practical note

Claimants must actively pursue their claims and respond to tribunal orders, or risk having their claims struck out for non-pursuit even where multiple respondents are involved.

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
4100015/2022
Decision date
11 March 2024
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No