Cases4108693/2018

Claimant v Cordia Services LLP

17 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew from acting. Claimant failed to respond to tribunal status enquiry, failed to provide updated address after correspondence returned undelivered, and failed to take any steps to communicate with the tribunal.

Facts

The claimant brought claims against two respondents in 2017 and 2018. His solicitors withdrew from acting. The tribunal sent a status enquiry letter which went unanswered, followed by a strike out warning letter on 20 February 2025. Correspondence was returned to the tribunal indicating the claimant no longer resided at the address on file. The claimant took no steps to update his contact details or communicate with the tribunal.

Decision

The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The claimant failed to respond to tribunal correspondence, failed to update his address after mail was returned undelivered, and the tribunal concluded in these circumstances that he no longer wished to pursue his claim.

Practical note

Claimants must maintain contact with the tribunal and update their address; failure to do so after solicitors withdraw and correspondence is returned 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 37(1)(d)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 rule 38(2)

Case details

Case number
4108693/2018
Decision date
17 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No