National Earth Moving Ltd

Case Summary

The claimant's claim against National Earth Moving Ltd was struck out under Rule 38 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The claimant failed to comply with orders made by Employment Judge Welch on 12 December 2025 and did not respond to a warning letter dated 8 March 2026 indicating the claim would be struck out.

The claim was struck out because the claimant failed to comply with orders made by two Employment Judges to progress the claim and was not actively pursuing the matter. The claimant did not respond to a warning letter indicating the strike out would occur.

• •Non-compliance with tribunal orders
• •Claim not actively pursued

EMPLOYMENT TRIBUNALS Claimant: Jamie Homewood Respondent: National Earth Moving Ltd JUDGMENT The claim against the First Respondent is struck out. REASONS 1. The Tribunal wrote to the claimant on 8 th March 2026 warning them that the Tribunal was considering striking out the claim because he had not complied with earlier Orders made by Employment Judge Welch on 12 th December 2025 and was not actively pursuing the claim. 2. The letter made plain that if the Claimant did not reply then the claim against the First Respondent would be struck out. 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 now failed to comply with the Orders of two Employment Judges to progress the claim and the matter is not being actively pursued. 4. The claim against the First Respondent is therefore struck out. Approved by: Employment Judge Heap 17 th April 2026 JUDGMENT SENT TO THE PARTIES ON 21 April 2026................. ..................................................................... FOR THE TRIBUNAL OFFICE