West Dunbartonshire Council
Case Summary
The claimant's case was struck out under Rule 38 for failure to actively pursue the claim after the claimant's solicitors withdrew and the claimant failed to provide a new address to the tribunal.
Key Issues
- •claim struck out for failure to actively pursue
Claim Types
Decision Text
EMPLOYMENT TRIBUNALS (SCOTLAND) Employment JudgeL Wiseman Ms A McRobertClaimant West Dunbartonshire CouncilRespondent JUDGMENT The claimis 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the claim has not been actively pursued in terms of rule 38(1)(d) REASONS 1.The claimant’s solicitors having withdrawn from acting on her behalf, a strike out warning letter was sent to her on 23 September 2025 on the direction of an Employment Judge, following the claimant’s failure to reply to the Tribunal’s status enquiry letter asking for confirmation of her intention with regard to this claim. 2.That correspondence has been returned to the Tribunal Office indicating that the claimant no longer resides at the address provided on the ET1. 3.No steps have been taken by the claimant to advise the Tribunal of her new address. In the absence of this information the Tribunal cannot communicate with the claimant. The Tribunal have been unable to give the claimant notice under rule 38 of the Employment Tribunal Procedure Rules 2024. 4.The Tribunal assumes in these circumstances that she no longer wishes to pursue her claim, which is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024. Date sent to parties04 November 2025
Employer
Case Details
- Case Number
- 4101586/2015
- Decision Date
- 04/11/2025
- Published
- 12/03/2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Wiseman