2305403/2020Struck out

The Victory Academy and Thinking Schools Academy Trust

v L Kay

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

Respondent

The Victory Academy and Thinking Schools Academy Trust

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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 pursued

The 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

Full PDF

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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