Decision date
24 March 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Andrews
Case Summary
The claimant's claim against Painters Ash Primary School was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because it had not been actively pursued. The claimant was given an opportunity to respond to a warning letter dated 8 November 2025 but failed to reply, resulting in the claim being struck out.
Why this outcome?
Not actively pursuedThe claim was struck out because it had not been actively pursued and the claimant failed to respond to a warning letter giving them 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 non-pursuit
Decision Text
EMPLOYMENT TRIBUNALS Claimant: D Bhaker Respondent: Painters Ash Primary School JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 8 November 2025 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
- D Bhaker
- Case No.
- 2308462/2020
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 24 March 2026
- Published
- 28 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Andrews