6021042/2024Struck Out

Arnold Clark Automobiles Ltd

v M Moore

20 March 2026·Employment Tribunal·England & Wales·Employment Judge Broughton

Respondent

Arnold Clark Automobiles Ltd

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Decision date

20 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Broughton

Case Summary

The claimant's claim against Arnold Clark Automobiles Limited was struck out following a strike out warning issued on 5 February 2026 by Employment Judge McTigue. The claimant failed to respond to the warning or request a hearing, and Employment Judge Broughton determined that the grounds for striking out under Rule 38 were satisfied.

Why this outcome?

Not actively pursued

The claim was struck out because the claimant had not actively pursued the claim and failed to respond to a strike out warning issued under Rule 38 of the Employment Tribunal Procedure Rules 2024, despite being given the opportunity to explain why the claim should not be struck out or to request a hearing.

Key Issues

  • Whether claim should be struck out for failure to actively pursue under Rule 38 of Employment Tribunal Procedure Rules 2024

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: M Moore Respondent: Arnold Clark Automobiles Limited JUDGMENT The claim is struck out. REASONS 1. The Tribunal issued a strike out warning to the claimant in the orders made by Employment Judge McTigue dated 5 February 2026. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claim had not been actively pursued. 2. The orders 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. 5. The hearing on 22 to 25 February 2027 will not take place. Approved by: Employment Judge Broughton 20 March 2026 JUDGMENT SENT TO THE PARTIES ON 31 March 2026 ......................................... ..................................................................... FOR THE TRIBUNAL OFFICE

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