Decision date
6 August 2025
Tribunal
Employment Tribunal
Jurisdiction
Scotland
Judge
F Eccles
Case Summary
The claim was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 due to the claimant's failure to actively pursue the case.
Why this outcome?
Not actively pursuedThe claim was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 because the claimant failed to actively pursue the case.
Claim Types
Key Issues
- •claim not actively pursued
Decision Text
EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge: F Eccles M Devlin Claimant Culture and Sport Glasgow Trading as Glasgow Life Respondent JUDGMENT 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). REASONS 1. On 31 March 2025, the claimant failed to appear at a preliminary hearing to consider the issue of time bar in connection with the claimant’s claim of unfair dismissal. The claimant was asked to confirm by 14 April whether he wished to pursue the claim. No reply was received. 2. On 28 April 2025, the Tribunal issued a strike out warning on the basis that the claimant had failed to comply with the Tribunal’s order to confirm whether he wished to pursue his claim. 3. The claimant wrote to the Tribunal on 1 May 2025 asking for confirmation as to whether he would have a chance of a successful outcome and whether he would be treated fairly. In reply, the Tribunal confirmed that it is not able to provide advice to any party in relation to their prospects of success. The claimant was asked again to confirm whether he wished to pursue the claim. No reply was received. 4. On 30 May 2025 a letter was issued by the Tribunal informing the claimant that he had been issued with a 14 day strike out warning on the basis that the claim was not actively pursued. This letter was issued in error by Tribunal staff as it did not contain any notice to the claimant that he was entitled to request a hearing. Accordingly, Legal Officer D Ellison directed the Tribunal staff to correct that error. 5. On 5 July 2025 the Tribunal gave the claimant an opportunity to give written reasons by 21 July 2025 or to request a hearing in order to consider why the …
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Case Details
- Claimant
- M Devlin
- Case No.
- 8002096/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 6 August 2025
- Published
- 18 August 2025
- Jurisdiction
- Scotland
- Judge
- F Eccles
- Industry
- Technology