Scottish Ambulance Service

Case Summary

The claimant's claim was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 for lack of active pursuit. After the claimant's solicitors withdrew, the tribunal was unable to contact the claimant at the address on file and the claimant took no steps to provide an updated address, leading the tribunal to conclude the claim was no longer being pursued.

The claim was struck out because the claimant failed to actively pursue it following withdrawal of his solicitors. The tribunal was unable to communicate with the claimant after his letter was returned as undeliverable and he took no steps to provide a new address, leading to the assumption he no longer wished to pursue the claim.

• •Failure to actively pursue claim
• •Loss of contact with claimant
• •Non-compliance with tribunal directions

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment JudgeL Wiseman Mr A G NicollClaimant Scottish Ambulance ServiceRespondent 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. The claimant's solicitors having withdrawn from acting on his behalf, a letter was sent to him on 10 February 2026 on the direction of an Employment Judge asking for confirmation of his intention with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 his 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 he no longer wishes to pursue his claim, which is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024. Date sent to parties17th March 2026