Claimant v Cumberland Council
Outcome
Individual claims
The claim was struck out under Rule 38 for non-pursuit. The claimant failed to respond to the tribunal's letter dated 5 November 2025 warning of the strike-out and offering an opportunity to explain or request a hearing.
Facts
Ms Bullock brought a claim against Cumberland Council. The tribunal wrote to her on 5 November 2025 warning that the claim would be struck out for non-pursuit under Rule 38, and giving her an opportunity to explain or request a hearing. The claimant did not respond to this letter.
Decision
Employment Judge Cookson struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 on the basis that it had not been actively pursued and that striking out was consistent with the overriding objective. The claimant's failure to respond to the unless order led to the claim being dismissed.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence, or risk having their claim struck out for non-pursuit under Rule 38.
Legal authorities cited
Case details
- Case number
- 2404771/2024
- Decision date
- 2 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No