The Victory Academy and Thinking Schools Academy Trust
v L Kay
Decision date
11 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Andrews
Case Summary
The claimant's claim against The Victory Academy and Thinking Schools Academy Trust was struck out following a warning letter dated 11 February 2026. The tribunal found the claim had not been actively pursued and the claimant failed to respond to the opportunity to explain why it should not be struck out.
Why this outcome?
Not actively pursuedThe claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because it had not been actively pursued and the claimant failed to respond to the tribunal's warning letter giving them an opportunity to show cause or request a hearing.
Key Issues
- •Whether claim should be struck out for lack of active pursuit
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Lynda Kay Respondent: 1. The Victory Academy 2. Thinking Schools Academy Trust JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 11 February 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 11 April 2026
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Case Details
- Claimant
- L Kay
- Case No.
- 2305403/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 11 April 2026
- Published
- 13 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews