NHS Highlands

Case Summary

The claimant's claim against NHS Highlands was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that it had not been actively pursued. After the claimant's solicitors withdrew and correspondence was returned due to the claimant's change of address, the tribunal was unable to contact the claimant and concluded she no longer wished to pursue the claim.

The claim was struck out because the claimant failed to maintain contact with the tribunal after her solicitors withdrew and her address changed, making it impossible for the tribunal to communicate with her regarding the claim, and the tribunal reasonably assumed she no longer wished to pursue it.

• •Whether claim should be struck out for non-pursuit
• •Claimant's failure to maintain contact with tribunal following change of address

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge L Wiseman Mrs B MacKayClaimant NHS HighlandsRespondent 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groundsthat the claim has not been actively pursued in terms of rule 38(1)(d) REASONS 1.Theclaimant's solicitors having withdrawn from acting on her behalf, a letter was sent to her on 10 February 2026 on the direction of an Employment Judge asking for confirmation of her intention with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 parties27th February 2026