Cases4111356/2018

Claimant v Cordia Services LLP

31 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew, claimant failed to respond to tribunal status enquiry, failed to update address, and tribunal correspondence was returned undelivered.

Facts

The claimant filed a claim in 2018 against Cordia Services LLP and Glasgow City Council. Her solicitors withdrew from acting. The tribunal sent a status enquiry letter which went unanswered. A strike out warning letter was sent on 26 February 2025 but was returned as the claimant no longer resided at the address on the ET1. The claimant failed to update her address with the tribunal.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The claimant had not responded to correspondence, her solicitors had withdrawn, and she failed to provide an updated address, making it impossible for the tribunal to communicate with her.

Practical note

Claimants must keep the tribunal informed of their current contact details and actively engage with tribunal correspondence or risk having their claim struck out for non-pursuit, even if previously legally represented.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 38(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 38(2)

Case details

Case number
4111356/2018
Decision date
31 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No