NHS Tayside

Case Summary

The claimant's claim was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that it has not been actively pursued. Following withdrawal of the claimant's solicitors, the Tribunal was unable to contact the claimant at the address provided, and the claimant failed to provide updated contact details or take steps to pursue the claim.

The claim was struck out because the claimant's solicitors withdrew from acting, the Tribunal's correspondence was returned undelivered, the claimant failed to provide a new address, and no steps were taken by the claimant to pursue the claim, leading the Tribunal to assume the claimant no longer wished to proceed.

• •Whether claim has been actively pursued

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge L Wiseman Miss C KennyClaimant NHS TaysideRespondent JUDGMENT The claim is struck out under rule 38 of theEmployment Tribunal Procedure Rules 2024 on the groundsthat the claim has not been actively pursued in terms of rule 38(1)(d) REASONS 1.Theclaimant's solicitors having withdrawn from acting on her behalf, a letter was sent to her on 10 February 2026 on the direction of an Employment Judge asking for confirmation of her/his intention with regard to this claim. 2. That correspondence has been returned to the Tribunal Office indicating that the claimant no longer resides at the address provided on the ET1. 3. No steps have been taken by the claimant to advise the Tribunal of her new address. In the absence of this information the tribunal cannot communicate with the claimant. The Tribunal have been unable to give the claimant notice under rule 38 of the Employment Tribunal Procedure Rules 2024. 4. The Tribunal assumes in these circumstances that she no longer wishes to pursue her claim, which is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024. Date sent to parties16th March 2026