Decision date
27 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge George
Case Summary
The claimant's claim against Kudos Mobility Group was struck out following non-compliance with a tribunal order and lack of active pursuit. The claimant failed to respond to a warning letter dated 19 March 2026 and did not provide explanation or request a hearing.
Why this outcome?
Non-compliance with ordersThe claim was struck out under Rule 38 because the claimant had not complied with a Tribunal Order dated 21 October 2025, had not actively pursued the claim, and failed to respond to the Tribunal's warning letter offering an opportunity to explain or request a hearing.
Claim Types
Key Issues
- •non-compliance with tribunal order dated 21 October 2025
- •claim not actively pursued
- •strike out under Rule 38 of Employment Tribunal Procedure Rules 2024
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Aloiso Santos Respondent: Kudos Mobility Group JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 19 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 Order of the Tribunal dated 21 Octo- ber 2025; the claim had not been actively pursued; and/or 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 it is not possible to have a fair hearing if one side has not given the other fair notice of the arguments and evidence re- lied on and because it increases cost and delay to the Tribunal and other Tri- bunal users if time is allocated in the lists to cases which the claimant appears not to pursue. 4. The claim is therefore struck out. 5. The hearing on 6 May 2026 will not take place. Approved by: Employment Judge George Date: 27 April 2026 JUDGMENT SENT TO THE PARTIES ON 27 April 2026 FOR THE TRIBUNAL OFFICE
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Case Details
- Claimant
- A Santos
- Case No.
- 6025697/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 27 April 2026
- Published
- 20 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge George