Macdonald Hotels (Management)

Case Summary

The claimant's claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because it had not been actively pursued. The Tribunal had warned the claimant on 23 December 2025 and given an opportunity to respond, but the claimant did not reply.

The claim was struck out because it had not been actively pursued and the claimant failed to respond to the Tribunal's warning letter of 23 December 2025 that gave the claimant an opportunity to explain why the claim should not be struck out.

• •Whether the claim should be struck out for failure to actively pursue it

EMPLOYMENT TRIBUNALS Claimant: Paolo Farina Respondent: Macdonald Hotels (Management) JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 23 December 2025 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that - The claim had not been actively pursued. 2. The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied 3. I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. 4. The claim is therefore struck out. Approved by: Employment Judge Cadney 16 April 2026 JUDGMENT SENT TO THE PARTIES ON 24 April 2026 Jade Lobb FOR THE TRIBUNAL OFFICE