Cases4107624/2018

Claimant v Cordia Services LLP

2 April 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d) after claimant failed to provide written reasons or request a hearing by the deadline of 4 March 2025 following the tribunal's unless order of 18 February 2025.

Facts

Ms MacDonald brought a claim against Cordia Services LLP and Glasgow City Council in 2018. The tribunal issued an unless order on 18 February 2025 requiring the claimant to provide written reasons by 4 March 2025 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond by the deadline.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on grounds that it had not been actively pursued, following the claimant's failure to comply with the unless order or provide acceptable reasons for non-compliance.

Practical note

Failure to comply with an unless order requiring explanation for non-pursuit will result in automatic strike-out of a claim.

Legal authorities cited

Statutes

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

Case details

Case number
4107624/2018
Decision date
2 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No