Cases4111338/2018

Claimant v Cordia Services LLP

28 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew, claimant failed to respond to Tribunal status enquiry, correspondence returned undelivered as claimant no longer at registered address, and claimant failed to notify Tribunal of new address.

Facts

The claimant brought proceedings against two respondents but her solicitors subsequently withdrew from acting. The Tribunal sent a status enquiry letter which went unanswered, followed by a strike out warning letter on 19 February 2025. All correspondence was returned undelivered as the claimant had moved without notifying the Tribunal of her new address.

Decision

The Tribunal struck out the claim under rule 38(1)(d) for non-pursuit, assuming the claimant no longer wished to proceed given her failure to maintain contact with the Tribunal and provide an updated address.

Practical note

Claimants must keep the Tribunal informed of their current contact details and respond to correspondence, or risk their claim being struck out for non-pursuit even without a hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Schedule 1 rule 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Schedule 1 rule 38

Case details

Case number
4111338/2018
Decision date
28 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No