Decision date
25 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Andrews
Case Summary
The claimant's employment claim against Swale Academies Trust was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the case. The tribunal gave written warning on 24 January 2026 and the claimant failed to respond or request a hearing.
Why this outcome?
Not actively pursuedThe claim was struck out because it had not been actively pursued. The tribunal issued a warning letter giving the claimant the opportunity to explain or request a hearing, but the claimant failed to respond.
Key Issues
- •whether claim should be struck out for failure to actively pursue
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Miss H Everest Respondent: Swale Academies Trust JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 24 January 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 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. The claim is therefore struck out. Employment Judge Andrews 25 March 2026
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Case Details
- Claimant
- Miss H Everest
- Case No.
- 2303541/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 25 March 2026
- Published
- 18 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews