2409461/2021Struck out

Wigan Council and St Mary's RC High School

v J A Yates

1 May 2026·Employment Tribunal·England & Wales·Employment Judge M Butler

Respondent

Wigan Council and St Mary's RC High School

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Decision date

1 May 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge M Butler

Case Summary

The claimant's employment claims against Wigan Council and St Mary's RC High School were struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal warned the claimant on 1 April 2026 that the claims appeared not to have been actively pursued, but the claimant failed to respond or request a hearing.

Why this outcome?

Not actively pursued

The claims were struck out because they had not been actively pursued. The tribunal gave the claimant notice and an opportunity to explain or request a hearing, but the claimant did not respond.

Key Issues

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

Related Cases

Decision Text

Full PDF

2410375/2021 EMPLOYMENT TRIBUNALS Claimant: Jill A Yates Respondent: Wigan Council St Mary's RC High School JUDGMENT The claims are struck out. REASONS 1. The Tribunal wrote to the claimant on 1 April 2026 warning them that the Tribunal was considering striking out the claims. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claims have not been actively pursued. 2. The letter gave the claimant an opportunity to explain why the claims 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 claims under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claims. This is because they have not been actively pursued. 4. The claims are therefore struck out. Approved by: Employment Judge M Butler 01 May 2026 JUDGMENT SENT TO THE PARTIES ON 6 May 2026 ..................................................................... ..................................................................... FOR THE TRIBUNAL OFFICE

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