2402837/2020Struck Out

Halton Borough Council and The Holy Spirit Catholic Primary School

v Ms J Daly

2 April 2026·Employment Tribunal·England & Wales·Employment Judge M Butler

Respondent

Halton Borough Council and The Holy Spirit Catholic Primary School

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Decision date

2 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge M Butler

Case Summary

Ms J Daly's claim against Halton Borough Council and The Holy Spirit Catholic Primary School was struck out. The Tribunal wrote to the claimant on 18 March 2026 warning that the claim appeared not to have been actively pursued and giving the claimant an opportunity to explain or request a hearing. The claimant did not reply, and the Tribunal struck out the claim under Rule 38 as it had not been actively pursued.

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 warning and an opportunity to respond on 18 March 2026 but failed to reply.

Key Issues

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

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Ms J Daly Respondent: 1. Halton Borough Council, 2. The Holy Spirit Catholic Primary School JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 18 March 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 02 April 2026 JUDGMENT SENT TO THE PARTIES ON 7 April 2026 ..................................................................... ..................................................................... FOR THE TRIBUNAL OFFICE

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