Decision date
16 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Midgley
Case Summary
The claimant's claim against Leisureplex Hotels Limited was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal had warned the claimant on 24 March 2026 that it was considering striking out the claim due to non-compliance with tribunal orders and lack of active pursuit, but the claimant failed to respond or request a hearing.
Why this outcome?
Non-compliance with ordersThe claim was struck out because the claimant had not complied with tribunal orders, the claim had not been actively pursued, and the claimant failed to respond to the tribunal's warning letter or request a hearing to explain why the claim should not be struck out.
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Key Issues
- •non-compliance with tribunal orders
- •claim not actively pursued
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Ms Joanne Alice Mclean Respondent: Leisureplex Hotels Limited JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 24 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 claimant had not complied with the Orders of the Tribunal 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 claimant has raised no objection to the strike out as she was permitted to do. 4. The claim is therefore struck out. 5. The hearing on 29 April 2026 will not take place. Approved by: Employment Judge Midgley Date: 16 April 2026 JUDGMENT SENT TO THE PARTIES ON 22 April 2026 Jade Lobb FOR THE TRIBUNAL OFFICE
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Case Details
- Claimant
- Ms J A Mclean
- Case No.
- 6012857/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 16 April 2026
- Published
- 21 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley