2303548/2020Struck out

Swale Academies Trust

v Mrs S Maddocks

25 March 2026·Employment Tribunal·England & Wales·Employment Judge Andrews

Respondent

Swale Academies Trust

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Decision date

25 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's employment tribunal claim against Swale Academies Trust was struck out following a warning letter sent on 24 January 2026. The tribunal found the claim had not been actively pursued and gave the claimant an opportunity to respond, which was not taken.

Why this outcome?

Not actively pursued

The claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because the claim had not been actively pursued and the claimant failed to respond to the tribunal's warning letter dated 24 January 2026 giving them an opportunity to explain why the claim should not be struck out.

Key Issues

  • whether claim should be struck out under Rule 38 for lack of active pursuit

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Mrs S Maddocks 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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