Cases4105477/2018

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, failed to provide updated address after correspondence returned, and tribunal unable to communicate with claimant.

Facts

The claimant brought claims against Cordia Services LLP and Glasgow City Council. Her solicitors withdrew from acting. She failed to respond to a tribunal status enquiry letter. A strike out warning letter was sent but returned undelivered as she no longer resided at the address on her ET1. She failed to provide the tribunal with an updated address.

Decision

The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The tribunal was unable to communicate with the claimant and assumed in these circumstances that she no longer wished to pursue her claim.

Practical note

Claimants must keep the tribunal informed of their current address and actively engage with tribunal correspondence or risk having their claim struck out for non-pursuit.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1 rule 38Employment 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
4105477/2018
Decision date
28 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No