Cases4105546/2018

Claimant v Cordia Services LLP

14 March 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claims struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew, claimant failed to respond to tribunal correspondence, failed to provide updated address, and correspondence was returned undelivered.

Facts

The claimant brought claims against Cordia Services LLP and Glasgow City Council. Her solicitors withdrew from acting. The tribunal sent a status enquiry letter and subsequently a strike-out warning letter dated 7 February 2025. The correspondence was returned as the claimant no longer resided at the address on the ET1. The claimant failed to advise the tribunal of her new address and did not respond to tribunal correspondence.

Decision

The tribunal struck out the claims under rule 38(1)(d) on grounds that the claims had not been actively pursued. The tribunal was unable to communicate with the claimant as she had not updated her address, and assumed in these circumstances that she no longer wished to pursue her claims.

Practical note

Claimants must keep the tribunal informed of their current contact details and respond to tribunal correspondence, or risk having their claims struck out for non-pursuit even without a formal hearing.

Legal authorities cited

Statutes

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

Case details

Case number
4105546/2018
Decision date
14 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No