Claimant v K&CJ LTD LTD c/o Michaela Anne Clarke
Outcome
Individual claims
The claim was struck out under Rule 38 for non-pursuit. The Tribunal wrote to the claimant on 16 September 2025 warning that the claim would be struck out as it had not been actively pursued. The claimant did not reply and the Tribunal was satisfied that the grounds for striking out applied.
Facts
The claimant brought an employment claim against K&CJ Ltd in 2024. The Tribunal observed that the claim had not been actively pursued by the claimant. On 16 September 2025, the Tribunal wrote to the claimant warning that the claim would be struck out under Rule 38 unless he explained why it should not be or requested a hearing. The claimant failed to respond.
Decision
Employment Judge Livesey struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-pursuit. The Tribunal was satisfied that the grounds for striking out applied and that doing so was in accordance with the overriding objective.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence, or risk having their claims struck out for non-pursuit under Rule 38.
Legal authorities cited
Statutes
Case details
- Case number
- 6014269/2024
- Decision date
- 9 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No