2308874/2020Struck out

Viking Academy Trust

v F Downs

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

Respondent

Viking Academy Trust

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Decision date

2 May 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Andrews

Case Summary

The claimant's claim against Viking Academy Trust was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 after the tribunal warned the claimant on 14 February 2026 that it was considering striking out the claim for lack of active pursuit. The claimant failed to respond to the warning letter or request a hearing, resulting in the claim being struck out.

Why this outcome?

Not actively pursued

The claim was struck out because it had not been actively pursued. The tribunal gave the claimant an opportunity to explain why the claim should not be struck out or to request a hearing, but the claimant did not respond.

Key Issues

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

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Fiona Downs Respondent: Viking Academy Trust 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 2 May 2026

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