Claimant v Tame River Educational Trust
Outcome
Individual claims
The claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-pursuit. The Tribunal wrote to the claimant on 28 October 2025 warning that the claim would be struck out for not being actively pursued. The claimant did not respond to this letter or request a hearing.
Facts
The claimant filed a claim in August 2022 against Tame River Educational Trust. The claim was not actively pursued by the claimant. On 28 October 2025, the Tribunal wrote to the claimant warning that the claim would be struck out for non-pursuit and gave the claimant an opportunity to respond or request a hearing. The claimant did not reply.
Decision
Employment Judge M Butler 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 the claimant had failed to respond to the Tribunal's warning letter. The judge determined this was in accordance with the overriding objective.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence, or face strike-out for non-pursuit under Rule 38.
Legal authorities cited
Statutes
Case details
- Case number
- 2402152/2022
- Decision date
- 28 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No