NHS Highland

Case Summary

The claimant's claim was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the ground that the claim had not been actively pursued. After the claimant's solicitors withdrew and correspondence was returned as undeliverable, the claimant failed to provide his new address to the tribunal, preventing communication. The tribunal assumed the claimant no longer wished to pursue the claim.

The claim was struck out because the claimant failed to actively pursue it after his solicitors withdrew and he did not provide his new address to the tribunal, preventing the tribunal from communicating with him or serving notice as required by the rules.

• •Claim struck out for non-pursuit
• •Claimant's solicitors withdrawn
• •Claimant failed to provide new address
• •Tribunal unable to communicate with claimant

EMPLOYMENT TRIBUNALS (SCOTLAND) Employment Judge L Wiseman Mr S MelvilleClaimant Nhs HighlandRespondent 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groundsthat the claim has not been actively pursued in terms of rule 38(1)(d) REASONS 1.Theclaimant's solicitors having withdrawn from acting on his behalf, a letter was sent to him on 10 February 2026 on the direction of an Employment Judge asking for confirmation of his intention with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