4101068/2015Struck out

East Dunbartonshire Council

v Ms M McCann

4 December 2025·Employment Tribunal·Scotland·Employment Judge L Wiseman

Respondent

East Dunbartonshire Council

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Decision date

4 December 2025

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge L Wiseman

Case Summary

The claimant's claim is struck out as the claimant failed to provide written reasons or request a hearing to consider why the claim should not be struck out.

Why this outcome?

Not actively pursued

The claimant failed to actively pursue the claim and did not provide written reasons or request a hearing to explain why the claim should not be struck out, resulting in strike-out under Rule 38(1)(d).

Key Issues

  • The claim is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim has not been actively pursued in terms of rule 38(1)(d)

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge L Wiseman Ms M McCannClaimant East Dunbartonshire CouncilRespondent JUDGMENT The claim is struck out under rule 38 of theEmployment Tribunal Procedure Rules 2024 on the groundsthat the claim has not been actively pursued in terms of rule 38(1)(d) REASONS 1.On 16 January 2025 the Tribunal gave the claimant an opportunity to give written reasons by 30 January 2025 or to request a hearing in order to consider why the claim should not be struck out. 2.The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim. Date sent to parties4th December 2025

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