Cases4108626/2018

Claimant v Cordia (Services) LLP

28 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. The claimant's solicitors withdrew, he failed to respond to tribunal correspondence, moved address without notifying the tribunal, and took no steps to continue the claim.

Facts

The claimant brought a claim against Glasgow City Council and Cordia Services LLP. His solicitors withdrew from acting. The tribunal sent status enquiry and strike out warning letters, but these were returned as the claimant no longer resided at his registered address. The claimant failed to update his address or respond to tribunal correspondence.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. Unable to contact the claimant at his registered address and having received no response to correspondence, the tribunal concluded he no longer wished to pursue the claim.

Practical note

Claimants must maintain contact with the tribunal and update their address; failure to do so will result in strike out for non-pursuit even if the claim initially had merit.

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
4108626/2018
Decision date
28 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No