Cases4105419/2018

Claimant v Cordia Services LLP

5 March 2025Before Employment Judge F EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out under rule 38(1)(d) for failure to actively pursue. The claimant was given an opportunity to provide reasons or request a hearing by 21 February 2025 but failed to respond or provide acceptable reasons, leading to the tribunal striking out the entire claim.

Facts

Ms Brown brought a claim against Cordia Services LLP and Glasgow City Council in 2018. The tribunal issued an unless order on 7 February 2025 requiring the claimant to provide reasons by 21 February 2025 as to why the claim should not be struck out for failure to actively pursue, 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) on the grounds that it had not been actively pursued. The claimant was given a final opportunity to explain or request a hearing but failed to do so, resulting in the claim being dismissed.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their entire claim struck out without a hearing on the merits.

Legal authorities cited

Statutes

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

Case details

Case number
4105419/2018
Decision date
5 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No