M&E Pro Ltd (In Compulsory Liquidation)
v Mr T Brown and Mr I Brown
Decision date
31 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Jenkins
Case Summary
The claims brought by Mr T Brown and Mr I Brown against M&E Pro Limited (In Compulsory Liquidation) were struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal had written to the claimants on 05 March 2026 warning that the claim had not been actively pursued and giving them an opportunity to respond, but they failed to reply.
Why this outcome?
Not actively pursuedThe claim was struck out because it had not been actively pursued. The tribunal gave the claimants a formal warning letter on 05 March 2026 under Rule 38 of the Employment Tribunal Procedure Rules 2024, inviting them to explain why the claim should not be struck out or to request a hearing, but the claimants did not respond.
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Key Issues
- •Whether claim should be struck out for failure to actively pursue
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Decision Text
1601697/2025 EMPLOYMENT TRIBUNALS Claimant: Mr T Brown Mr I Brown Respondent: M&E Pro Limited (In Compulsory Liquidation) JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the Claimants on 05 March 2026 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 Claimants an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The Claimants have not replied. 3. I am satisfied that the grounds for striking out the claims 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 Jenkins Dated: 31.03.2026 JUDGMENT SENT TO THE PARTIES ON 02 April 2026 Kacey O’Brien FOR THE TRIBUNAL OFFICE
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Case Details
- Claimant
- Mr T Brown and Mr I Brown
- Case No.
- 1601696/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 31 March 2026
- Published
- 30 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Jenkins