Cases4111171/2018

Claimant v Cordia Services LLP

16 April 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue. The claimant was given until 7 March 2025 to provide written reasons or request a hearing as to why the claim should not be struck out, but failed to provide an acceptable reason or request a hearing.

Facts

Ms Anderson brought a claim against Cordia Services LLP and Glasgow City Council in 2018. The claim was not actively pursued by the claimant. On 21 February 2025, the Tribunal gave the claimant until 7 March 2025 to provide written reasons or request a hearing as to why the claim should not be struck out. The claimant failed to respond appropriately.

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. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason or request a hearing.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claims struck out for non-pursuit even after several years.

Legal authorities cited

Statutes

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

Case details

Case number
4111171/2018
Decision date
16 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No