2308712/2020Struck out

Joy Lane Primary Foundation School

v G Smith

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

Respondent

Joy Lane Primary Foundation School

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Decision date

1 May 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's claim against Joy Lane Primary Foundation School was struck out following a warning letter issued on 14 February 2026. The Tribunal applied Rule 38 of the Employment Tribunal Procedure Rules 2024 on the basis that the claim had not been actively pursued. The claimant failed to respond to the opportunity to explain why the claim should not be struck out or to request a hearing.

Why this outcome?

Not actively pursued

The claim was struck out because it had not been actively pursued and the claimant failed to respond to the Tribunal's warning letter of 14 February 2026 giving an opportunity to explain why the claim should not be struck out or to request a hearing.

Key Issues

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

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Gillian Smith Respondent: Joy Lane Primary Foundation 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; • 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. 2. The claim is therefore struck out. Employment Judge Andrews 1 May 2026

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