2308637/2020Struck out

Hartlip Endowed Church Of England Primary School

v J Harley

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

Respondent

Hartlip Endowed Church Of England Primary School

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Decision date

28 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's claim against Hartlip Endowed Church Of England Primary School was struck out following a Rule 38 warning issued on 14 February 2026. The claimant failed to respond to the tribunal's warning letter or request a hearing to explain why the claim should not be struck out.

Why this outcome?

Not actively pursued

The claim was struck out because the claimant had not actively pursued the claim and failed to respond to the tribunal's Rule 38 warning letter or request a hearing to show cause.

Key Issues

  • Whether claim should be struck out for failure to actively pursue

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Jennifer Harley Respondent: Hartlip Endowed 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 28 April 2026

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