Cases104652/2011

Claimant v Cordia (Services) LLP

24 February 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant failed to provide written reasons or request a hearing by the deadline of 27 January 2025 after being given the opportunity to show cause why the claim should not be struck out.

Facts

This is a procedural judgment concerning a claim filed in 2011. On 13 January 2025, the Tribunal gave the claimant until 27 January 2025 to provide written reasons or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or provide acceptable reasons within the deadline.

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 had been given an opportunity to show cause but failed to engage with the process.

Practical note

Claimants must actively pursue their claims and respond to tribunal case management orders, or risk strike-out even for long-standing claims.

Legal authorities cited

Statutes

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

Case details

Case number
104652/2011
Decision date
24 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No