2308689/2020Struck Out

St Anthony’s School

v S Musselwhite

24 March 2026·Employment Tribunal·England & Wales·Employment Judge Andrews

Respondent

St Anthony’s School

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Decision date

24 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's claim against St Anthony's School was struck out by the tribunal. The tribunal had warned the claimant on 14 February 2026 that it was considering striking out the claim on the grounds that it had not been actively pursued. The claimant failed to respond to this warning, and the tribunal therefore struck out the claim.

Why this outcome?

Not actively pursued

The claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because the claim had not been actively pursued. The claimant was given an opportunity to explain why the claim should not be struck out or to request a hearing, but failed to respond.

Key Issues

  • Whether claim should be struck out under Rule 38 of Employment Tribunal Procedure Rules 2024 for lack of active pursuit

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: S Musselwhite Respondent: St Anthony’s 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 24 March 2026

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