Decision date
24 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Andrews
Case Summary
The claimant's claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue it. The tribunal issued a warning letter on 28 January 2026 giving the claimant an opportunity to respond or request a hearing, but the claimant did not reply.
Why this outcome?
Not actively pursuedThe claim was struck out because it had not been actively pursued and the claimant failed to respond to the tribunal's warning letter dated 28 January 2026 that gave an opportunity to explain why the claim should not be struck out or to request a hearing.
Key Issues
- •Whether claim was actively pursued
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Mrs D Kennedy Respondent: Leigh Academies Trust JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 28 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 24 March 2026
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Case Details
- Claimant
- Mrs D Kennedy
- Case No.
- 2303586/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 24 March 2026
- Published
- 28 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews