6004790/2024Struck out

Surrey County Council

v J North

22 April 2026·Employment Tribunal·England & Wales·Employment Judge Rice-Birchall

Respondent

Surrey County Council

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Decision date

22 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Rice-Birchall

Case Summary

The claimant's claim against Surrey County Council was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal had issued warnings requiring the claimant to provide answers by 28 February 2026 and had previously asked for clarification on 8 November 2025, but the claimant failed to respond to either communication.

Why this outcome?

Non-compliance with orders

The claim was struck out because the claimant failed to comply with tribunal orders and did not respond to two letters from the Tribunal (dated 8 November 2025 and 14 February 2026), indicating the claim was not being actively pursued. The tribunal was satisfied that the grounds for striking out under Rule 38 applied and that striking out was in accordance with the overriding objective.

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Key Issues

  • Non-compliance with tribunal orders
  • Failure to respond to tribunal correspondence
  • Claim not being actively pursued

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Jason North Respondent: Surrey County Council JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 14 February 2026 warning them that, if the answers requested were not provided by 28 February 2026, the Tribunal was likely to strike out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claim was not being actively pursued and/or the claimant had not complied with orders of the Tribunal. 2. The letter gave the claimant an opportunity to respond but 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 claimant also did not reply to a letter from the Tribunal dated 8 November 2025 asking him for clarification as to whether he was withdrawing his claim. No response has been received. 4. The claim is therefore struck out. 5. The hearing on 2, 3, 4 and 5 June 2026 will not take place. Approved by: Employment Judge Rice-Birchall 22 April 2026 JUDGMENT SENT TO THE PARTIES ON 27 April 2026 ..................................................................... ..................................................................... FOR THE TRIBUNAL OFFICE

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