Cases4115044/2018

Claimant v Cordia Services LLP

24 March 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue the claim. Claimant failed to provide written reasons or request a hearing by the deadline of 10 March 2025 after being given opportunity by the Tribunal on 24 February 2025.

Facts

Ms MacDonald brought a claim against Cordia Services LLP and Glasgow City Council. The Tribunal gave the claimant until 10 March 2025 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or engage with the Tribunal's deadline.

Decision

The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant had been given an opportunity to explain or request a hearing but failed to provide an acceptable reason or make such a request.

Practical note

Claimants must actively engage with tribunal orders and deadlines or risk having their claims struck out for non-pursuit, even where they have been given express opportunities to be heard.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
4115044/2018
Decision date
24 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No