JDF Transport Solutions Ltd

Case Summary

The claimant's employment tribunal claim against JDF Transport Solutions Ltd was struck out under Rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The tribunal had warned the claimant on 30 September 2025 and given the claimant an opportunity to respond, but the claimant did not reply until 23 March 2026 and had not applied to the High Court for permission to proceed.

The claim was struck out under Rule 38(1)(d) because it had not been actively pursued. The claimant failed to respond to the tribunal's warning letter of 30 September 2025 until 23 March 2026 and demonstrated no intention to apply to the High Court for permission to proceed.

• •Whether claim should be struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024
• •Whether claim has been actively pursued

EMPLOYMENT TRIBUNALS Claimant: Mr R Mcmanus Respondent: JDF Transport Solutions Ltd JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 30 September 2025 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 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 did not reply until 23 March 2026. 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. The Claimant has not applied to the High Court for permission to proceed with his claim and has demonstrated no intention to do so. 4. The claim is therefore struck out under Rule 38 (1)(d) as it has not been actively pursued. Approved by: Employment Judge Sweeney 23 March 2026