Decision date
21 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Andrews
Case Summary
The claimant's employment tribunal claim against The Abbey School (Faversham) was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal had warned the claimant on 28 January 2026 that it was considering striking out the claim because it had not been actively pursued, but the claimant did not respond to the opportunity to explain or request a hearing.
Why this outcome?
Not actively pursuedThe claim was struck out because the claimant had not actively pursued it and failed to respond to the tribunal's warning letter dated 28 January 2026 that gave the claimant an opportunity to explain why the claim should not be struck out or to request a hearing.
Key Issues
- •Whether claim should be struck out for lack of active pursuit
Decision Text
EMPLOYMENT TRIBUNALS Claimant: David Warren Respondent: The Abbey School (Faversham) 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 21 April 2026
Something doesn't look right?
Report a wrong claim type, outcome, summary, or award.
Case Details
- Claimant
- D Warren
- Case No.
- 2303695/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 21 April 2026
- Published
- 15 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews