Halton Borough Council and Others

Case Summary

The claimant's claim against Halton Borough Council, Palace Fields Primary Academy, and The Heath Family Trust was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal had warned the claimant on 24 February 2026 that it was considering striking out the claim due to lack of active pursuit, but the claimant did not respond.

The claim was struck out because it had not been actively pursued. The tribunal gave the claimant notice and opportunity to respond, but the claimant failed to reply, satisfying the grounds under Rule 38 of the Employment Tribunal Procedure Rules 2024.

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

EMPLOYMENT TRIBUNALS Claimant: Ms F Day Respondent: 1. Halton Borough Council, 2. Palace Fields Primary Academy, 3. The Heath Family Trust JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 24 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. I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. This is because the claim has not been actively pursued. 4. The claim is therefore struck out. Approved by: Employment Judge M Butler 27 March 2026 JUDGMENT SENT TO THE PARTIES ON 2 April 2026 ..................................................................... ..................................................................... FOR THE TRIBUNAL OFFICE