Decision date
24 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Andrews
Case Summary
The claimant's employment tribunal claim against Fort Pitt Thomas Aveling Academies Trust was struck out. The tribunal issued a warning letter on 2 February 2026 under Rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant did not respond to the warning letter or request a hearing, resulting in the claim being struck out.
Why this outcome?
Not actively pursuedThe claim was struck out because it had not been actively pursued, the claimant was given an opportunity to explain why it should not be struck out or request a hearing, and the claimant failed to respond.
Key Issues
- •Failure to actively pursue the claim
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Ms F Simkins Respondent: Fort Pitt Thomas Aveling Academies Trust JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 2 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 24 March 2026
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Case Details
- Claimant
- Ms F Simkins
- Case No.
- 2308196/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 24 March 2026
- Published
- 28 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews