Pencheon v Conifers Day Nursery KN Ltd

Case Summary

The claimant's claim against Conifers Day Nursery KN Limited was struck out as a duplicate claim issued in error. The tribunal had warned the claimant on 13 April 2026 of its intention to strike out the claim, and the claimant confirmed she did not object and had not intended to duplicate proceedings. The claimant's claims under case number 6035394/2025 will proceed instead.

The claim was struck out because it was a duplicate of proceedings already issued in error under a different case number (6035394/2025). The tribunal found that striking out the duplicate claim was justified under Rule 38 as it constituted an abuse of process, and the claimant did not object to this course of action.

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• •Whether the claim should be struck out as a vexatious duplicate claim under Rule 38 of the Employment Tribunal Procedure Rules 2024

EMPLOYMENT TRIBUNALS Claimant: Nicole Vanity Pencheon Respondent: Conifers Day Nursery KN Limited JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 13 April 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 claim was vexatious in the sense that as a duplicate claim it is an abuse of process or that presenting this second duplicate claim is unreasonable conduct; 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 confirmed she does not object to the claim being struck out and that she had not intended to duplicate proceedings. 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 clear this claim is a duplicate of proceedings issued in error. The claimant’s claims under case number 6035394/2025 will proceed. 4. The claim is therefore struck out. 5. The hearing on 21 and 22 May 2026 will not take place. Approved by: Employment Judge Noons 15 May 2026