Cases4111420/2018

Claimant v Cordia Services LLP

27 March 2025Before Employment Judge F 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 as claimant no longer at registered address, and no steps taken to update contact details.

Facts

The claimant brought a claim against Cordia Services LLP and Glasgow City Council. Her solicitors withdrew from acting for her. The Tribunal sent a status enquiry letter to confirm her intentions regarding the claim, which she did not respond to. A strike out warning letter was issued on 21 February 2025. This correspondence was returned as the claimant no longer resided at the address on the ET1 form, and she had not updated the Tribunal with her new address.

Decision

The Tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The Tribunal assumed the claimant no longer wished to pursue her claim given her failure to respond to correspondence, failure to update her contact details, and inability of the Tribunal to communicate with her.

Practical note

Claimants must keep the Tribunal informed of their current contact details and respond to status enquiries, or risk having their claims struck out for non-pursuit even before a hearing.

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
4111420/2018
Decision date
27 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No