2308625/2020Struck out

Ashford, St Mary's Church Of England Primary School

v K Gardner

6 May 2026·Employment Tribunal·England & Wales·Employment Judge Andrews

Respondent

Ashford, St Mary's Church Of England Primary School

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Decision date

6 May 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's claim against Ashford, St Mary's Church Of England Primary School was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The Tribunal warned the claimant on 14 February 2026 that it was considering striking out the claim because it had not been actively pursued. The claimant did not respond to the warning letter, and the claim was therefore struck out.

Why this outcome?

Not actively pursued

The claim was struck out because the claimant failed to actively pursue the claim and did not respond to the Tribunal's warning letter dated 14 February 2026 giving 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 failure to actively pursue

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Karen Gardner Respondent: Ashford, St Mary's Church Of England Primary School JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 14 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 6 May 2026

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