Cases4113943/2018

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. Claimant was given opportunity until 10 March 2025 to provide reasons or request hearing but failed to provide acceptable reasons or request a hearing.

Facts

Ms Cairney brought a claim against Cordia Services LLP and Glasgow City Council in 2018. The claim was not actively pursued by the claimant. On 24 February 2025, 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 provide acceptable reasons.

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 was given a final opportunity to respond but failed to provide acceptable reasons or request a hearing.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claims struck out for non-pursuit even where considerable time has passed since filing.

Legal authorities cited

Statutes

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

Case details

Case number
4113943/2018
Decision date
24 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No