6038061/2025Struck out

Poole Property Holdings Ltd (In Administration)

v J Timberlake

14 May 2026·Employment Tribunal·England & Wales·Employment Judge Rayner

Respondent

Poole Property Holdings Ltd (In Administration)

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Decision date

14 May 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Rayner

Case Summary

The respondent's response was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 after it failed to comply with tribunal disclosure orders and did not actively pursue its defence. The respondent failed to respond to a strike-out warning letter dated 28 April 2026.

Why this outcome?

Non-compliance with orders

The respondent's response was struck out because it failed to comply with tribunal orders regarding disclosure, failed to respond to a strike-out warning, and has not actively pursued its response.

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Key Issues

  • Non-compliance with tribunal disclosure orders
  • Failure to actively pursue response
  • Striking out of response under Rule 38 Employment Tribunal Procedure Rules 2024

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: James Timberlake Respondent: POOLE PROPERTY HOLDINGS LIMITED (In Administration) JUDGMENT The response is struck out. REASONS 1. The Tribunal wrote to the respondent on 28 April 2026 warning them that the Tribunal was considering striking out the response. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that • the respondent had not complied with the Order of the Tribunal in relation to disclosure; • The response has not been actively pursued. 2. The letter gave the respondent an opportunity to explain why the response should not be struck out, or to request a hearing at which to do so. The respondent has not replied 3. I am satisfied that the grounds for striking out the response under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the response. This is because a. The respondent has failed to comply with the orders of the Court regarding disclosure; b. The respondent has failed to respond to the strike out warning sent to the parties on the 28 April 2026; c. The respondent has not actively pursued the response; 4. The response is therefore struck out. The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Approved by: Employment Judge Rayner 14 May 2026 JUDGMENT SENT TO THE PARTIES ON 18 May 2026

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