Outcome
Individual claims
The claim was struck out under Rule 38 for not being actively pursued. The Tribunal wrote to the claimant on 18 November 2025 giving an opportunity to explain why the claim should not be struck out, but the claimant did not reply.
Facts
The claimant brought a claim against RDS Recycling and two individuals. The Tribunal wrote to the claimant on 18 November 2025 warning that the claim would be struck out for not being actively pursued under Rule 38 of the Employment Tribunal Procedure Rules 2024. The claimant was given an opportunity to explain why the claim should not be struck out or to request a hearing, but failed to respond.
Decision
Employment Judge Sharp struck out the claim under Rule 38 on the papers. The Judge was satisfied that the grounds for striking out applied because the claim had not been actively pursued, and that striking out was consistent with the overriding objective in Rule 3.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence, or risk having their claims struck out under Rule 38 for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 1601710/2025
- Decision date
- 1 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- RDS Recycling
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No