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 her address with the tribunal, and correspondence was returned undelivered.
Facts
The claimant brought claims against two respondents but her solicitors withdrew from representation. The tribunal sent a status enquiry letter which the claimant failed to answer. 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 the tribunal with her new address.
Decision
The tribunal struck out the claims under rule 38(1)(d) for failure to actively pursue. The tribunal was unable to communicate with the claimant due to her failure to provide an updated address, and assumed she no longer wished to pursue the claims.
Practical note
Claimants have a continuing duty to keep the tribunal informed of their current contact details, and failure to do so can result in claims being struck out for non-pursuit even without formal notice under rule 38(2).
Legal authorities cited
Statutes
Case details
- Case number
- 4105914/2018
- Decision date
- 28 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No