NHS Highland

Case Summary

The claimant's claim was struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue it. After the claimant's solicitors withdrew and the tribunal was unable to contact her at the address on file due to her change of residence, no further steps were taken by the claimant to maintain contact with the tribunal.

The claim was struck out because the claimant failed to actively pursue it. After her solicitors withdrew and correspondence could not be delivered to her registered address, the claimant took no steps to provide the tribunal with her new address or confirm her intention to proceed, leading the tribunal to conclude she no longer wished to pursue the claim.

• •Failure to actively pursue claim
• •Loss of contact with claimant following change of address
• •Withdrawal of claimant's legal representation

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge L Wiseman Mrs W SouterClaimant Nhs HighlandRespondent JUDGMENT The claim is struck out under rule 38 of theEmployment Tribunal Procedure Rules 2024 on the grounds that 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 Theclaimant's solicitors having withdrawn from acting on her behalf, a letter was sent to her on 10 February 2026 on the direction of an Employment Judge asking for confirmation of her intention with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 parties12th March 2026