Decision date
24 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 following a warning letter sent on 27 January 2026 under Rule 38 of the Employment Tribunal Procedure Rules 2024. The claimant failed to respond to the tribunal's warning or request a hearing to explain why the claim should not be struck out.
Why this outcome?
Not actively pursuedThe claim was struck out because it had not been actively pursued by the claimant, and the claimant failed to respond to the tribunal's warning letter or request a hearing to show cause against the strike-out.
Claim Types
Key Issues
- •whether the claim should be struck out for lack of active pursuit
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Miss K Newbury Respondent: Swale Academies Trust JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 27 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
- Miss K Newbury
- Case No.
- 2303633/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 24 March 2026
- Published
- 28 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews