Greensleeves Homes Trust (T/a Greensleeves Care)

Case Summary

The claimant's claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 due to failure to actively pursue the claim and lack of cooperation with the intermediary assessment process. The tribunal found that the claimant's non-compliance and continued delays made a fair trial impossible, and that striking out was in accordance with the overriding objective.

The claim was struck out because the claimant failed to engage with the intermediary assessment process and failed to actively pursue the claim, resulting in non-compliance that wasted tribunal resources and made a fair trial impossible.

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• •failure to engage with intermediary assessment process
• •failure to actively pursue claim
• •non-compliance with tribunal directions
• •scandalous, unreasonable or vexatious conduct

EMPLOYMENT TRIBUNALS Claimant:Ms D Wellington Respondent:Greensleeves Homes Trust (t/a Greensleeves Care) JUDGMENT The claim is struck out. WRITTEN REASONS 1.The Tribunal wrote to the Claimant on25 February 2026warning 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 manner in which the proceedings were being conducted by or on behalf of the claimant was scandalous, unreasonable or vexatious; and/or  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’s representative replied on 21 March 2026, apologising for the lack of communication, and asking that his details be added to the file. The Tribunal did add his details to the Claimant’s file, and two subsequent emails to the Claimant’s representative have since also gone unanswered. The Tribunal has been spending time and resources trying to schedule an intermediary assessment for the Claimant, but the Claimant is simply not cooperating in any meaningful manner with that process. This has rendered proceeding with the Ground Rules Hearing listed for 20 May 2026 impossible. 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. This is because the Claimant has failed to engage with the process for intermediary assessment. She has failed to actively pursue her Claim, and limited Tribunal time and resources have been lost through her non-compliance. The time that has been spent has further delayed the hearing of her Claim, which relates to events which took place in 2023. The continued delay on the Claimant’s part has made a fair trial of the issues impossible. 4.The Claim is therefore struck out. 5.The hearings on…