Decision date
5 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Faulkner
Case Summary
The claimant's claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 due to non-compliance with tribunal orders and failure to attend a preliminary hearing listed for 25 March 2026. The tribunal found that a fair hearing was no longer possible and that the claim was not being actively pursued. The claimant was given an opportunity to explain why the claim should not be struck out but failed to respond.
Why this outcome?
Non-compliance with ordersThe claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 because the claimant failed to comply with tribunal orders requiring her to attend a preliminary hearing on 25 March 2026 and did not attend that hearing, making a fair hearing no longer possible. The claimant was given an opportunity to respond to a strike-out warning but failed to do so.
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Key Issues
- •Non-compliance with tribunal orders
- •Failure to attend preliminary hearing
- •Claim not being actively pursued
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Chloe Hawkins Respondent: Playland Amusement Centres Limited JUDGMENT The Claim is struck out. REASONS 1. The Tribunal wrote to the Claimant on 25 March 2026 warning her 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 a fair hearing was no longer possible because: a. She had not complied with the Orders of the Tribunal sent to her by email on 2 January 2026 and 18 March 2026 requiring her to attend a preliminary hearing listed on 25 March 2026. b. It appeared that her Claim was not being actively pursued. She did not attend the preliminary hearing listed on 25 March 2026. 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. 4. The Claim is therefore struck out. Approved by: Employment Judge Faulkner On 5 May 2026
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Case Details
- Claimant
- C Hawkins
- Case No.
- 6002928/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 5 May 2026
- Published
- 3 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner