Claimant v Cordia (Services) LLP
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew, claimant failed to update address, and correspondence was returned undelivered. Tribunal unable to contact claimant and assumed claim was no longer being pursued.
Facts
The claimant's solicitors withdrew from representation. The tribunal wrote to the claimant on 26 November 2024 seeking confirmation of her intentions regarding the claim. The letter was returned as the claimant no longer resided at the address on the ET1 form. The claimant failed to notify the tribunal of any change of address, making it impossible for the tribunal to communicate with her.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that it had not been actively pursued. The tribunal assumed that the claimant no longer wished to pursue her claim given her failure to maintain contact or update her address after her solicitors withdrew.
Practical note
Claimants must keep the tribunal informed of their current contact details, especially after solicitors withdraw, or risk having their claim struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 104655/2011
- Decision date
- 12 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No