Decision date
25 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Andrews
Case Summary
The claimant's claim against Swale Academies Trust was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because the claim had not been actively pursued. The tribunal issued a warning letter on 24 January 2026 giving the claimant an opportunity to respond, but the claimant failed to reply, resulting in the claim being struck out.
Why this outcome?
Not actively pursuedThe claim was struck out because it had not been actively pursued. The tribunal issued a warning under Rule 38 of the Employment Tribunal Procedure Rules 2024, giving the claimant an opportunity to explain why the claim should not be struck out or to request a hearing, but the claimant did not respond.
Key Issues
- •whether claim should be struck out for lack of active pursuit
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Miss L Higgins 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
Something doesn't look right?
Report a wrong claim type, outcome, summary, or award.
Case Details
- Claimant
- Miss L Higgins
- Case No.
- 2303545/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 25 March 2026
- Published
- 15 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews