Cases4111728/2018

Claimant v Cordia Services LLP

29 April 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit after claimant failed to respond to tribunal's unless order requiring written reasons by 17 April 2025 or to request a hearing.

Facts

Ms Duncan brought a claim against Cordia Services LLP and Glasgow City Council. On 27 March 2025, the tribunal issued an unless order requiring the claimant to provide written reasons by 17 April 2025 or request a hearing as to why the claim should not be struck out. The claimant failed to respond to this order or request a hearing.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued, as the claimant failed to comply with the unless order and provided no acceptable reason or requested a hearing.

Practical note

Failure to respond to an unless order requiring reasons why a claim should not be struck out will result in the claim being struck out for non-pursuit under rule 38.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
4111728/2018
Decision date
29 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No