2304172/2020Struck out

Kent County Council

v G Powell

20 April 2026·Employment Tribunal·England & Wales·Employment Judge Andrews

Respondent

Kent County Council

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Decision date

20 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's claim against Kent County Council was struck out. The tribunal issued a warning letter on 31 January 2026 indicating it was considering striking out the claim under Rule 38 on the grounds that it had not been actively pursued. The claimant failed to respond to the warning letter or request a hearing, and the claim was therefore struck out.

Why this outcome?

Not actively pursued

The claim was struck out because it had not been actively pursued and the claimant failed to respond to the tribunal's warning letter dated 31 January 2026 or request a hearing to explain why the claim should not be struck out.

Key Issues

  • Whether claim should be struck out for failure to actively pursue under Rule 38 of Employment Tribunal Procedure Rules 2024

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Gemma Powell Respondent: Kent County Council JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 31 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 20 April 2026

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