Cases4111586/2018

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 provide updated contact details.

Facts

The claimant brought claims against two respondents but her solicitors withdrew from acting. The tribunal sent a status enquiry letter which went unanswered, then a strike out warning letter which was returned as undeliverable because the claimant had moved and not provided her new address. The claimant took no steps to inform the tribunal of her whereabouts or intentions.

Decision

The tribunal struck out the claims under rule 38(1)(d) for non-pursuit. Without a current address, the tribunal could not communicate with the claimant and assumed she no longer wished to pursue her claims. The tribunal was unable to give proper notice under rule 38(2) due to the claimant's failure to maintain contact.

Practical note

Claimants must keep the tribunal informed of their current contact details; failure to do so after solicitors withdraw and failure to respond to tribunal correspondence will result in strike out for non-pursuit.

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
4111586/2018
Decision date
28 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No