Claimant v Cordia Services LLP
Outcome
Individual claims
Claim 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 mail was returned undelivered.
Facts
The claimant brought proceedings against Cordia Services LLP and Glasgow City Council. His solicitors withdrew from representation. The Tribunal sent a status enquiry letter which the claimant failed to answer. A strike out warning letter was subsequently sent on 26 February 2025, but this was returned as undeliverable because the claimant no longer resided at the address on the ET1. The claimant failed to update his address with the Tribunal.
Decision
Employment Judge Frances Eccles struck out the claim under rule 38(1)(d) for failure to actively pursue it. The Tribunal was unable to communicate with the claimant due to his failure to provide an updated address, and assumed he no longer wished to pursue his claim.
Practical note
Claimants must maintain contact with the Tribunal and update their address; failure to do so after solicitor withdrawal will result in strike out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 4108448/2018
- Decision date
- 28 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No