Cases4111187/2018

Claimant v Cordia Services LLP

19 March 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit after claimant's solicitors withdrew, claimant failed to respond to tribunal correspondence, and failed to provide updated address. Tribunal unable to contact claimant and assumed she no longer wished to pursue the claim.

Facts

The claimant brought claims against two respondents but her solicitors withdrew from acting. The tribunal sent a status enquiry letter and then a strike-out warning letter to the claimant's address on file. Both items were returned as the claimant no longer resided at that address. The claimant failed to update her address with the tribunal or respond to correspondence.

Decision

The tribunal struck out the claim under rule 37(1)(d) for non-pursuit, as the claimant had failed to respond to correspondence, failed to notify the tribunal of her new address, and the tribunal 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 respond to tribunal correspondence, or risk having their claims struck out for non-pursuit even without a hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Schedule 1 rule 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 Schedule 1 rule 38

Case details

Case number
4111187/2018
Decision date
19 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No