Cases4102294/2015

Claimant v City Building (Glasgow) LLP

27 January 2025Before Employment Judge L WisemanScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. The claimant's solicitors withdrew from acting, the claimant failed to provide an updated address, and correspondence was returned undelivered. The Tribunal could not communicate with the claimant and assumed she no longer wished to pursue the claim.

Facts

The claimant filed a claim in 2015. Her solicitors subsequently withdrew from acting. The Tribunal wrote to the claimant on 29 November 2024 requesting confirmation of her intention to continue, but the correspondence was returned as undeliverable. The claimant had not updated her address with the Tribunal.

Decision

The claim was struck out under rule 38(1)(d) for failure to actively pursue the claim. The Tribunal could not communicate with the claimant after her address became invalid and she failed to provide an updated one, leading to the assumption she no longer wished to proceed.

Practical note

Claimants must maintain current contact details with the Tribunal; failure to do so after solicitors withdraw can result in strike-out for non-pursuit without further notice.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38(1)(d)Employment Tribunal Procedure Rules 2024 rule 38(2)

Case details

Case number
4102294/2015
Decision date
27 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
construction
Represented
No

Claimant representation

Represented
No