2308475/2020Struck out

Swale Academies Trust

v E Richards

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

Respondent

Swale Academies Trust

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Decision date

25 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's claim against Swale Academies Trust was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The Tribunal had warned the claimant on 18 February 2026 that it was considering striking out the claim because it had not been actively pursued, and gave the claimant an opportunity to respond. The claimant did not reply, 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, the claimant was warned of this under Rule 38 of the Employment Tribunal Procedure Rules 2024 and given an opportunity to explain or request a hearing, and the claimant failed to respond.

Key Issues

  • Whether claim should be struck out for lack of active pursuit

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: E Richards Respondent: Swale Academies Trust JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 18February 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 25 April 2026

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