Claimant v City Building (Glasgow) LLP
Outcome
Individual claims
Claim struck out for non-pursuit under rule 37(1)(d) as correspondence to claimant was returned marked 'gone away', no new address provided, and previous agents withdrew without holding alternative address.
Facts
The claimant brought an employment claim against City Building (Glasgow) LLP in 2015. The claimant's previous legal representatives withdrew from acting. Correspondence sent to the claimant's address on the claim form was returned marked 'gone away'. No alternative contact details were provided by either the claimant or his former agents.
Decision
Employment Judge Wiseman struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued, given that the claimant could not be contacted at any known address and had not provided updated contact details after his representatives withdrew.
Practical note
Claimants must maintain current contact details with the tribunal and failure to do so, particularly after representation ceases, can result in strike out for non-pursuit even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4102243/2015
- Decision date
- 13 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No