Claimant v The Three Saints Academy Trust
Outcome
Individual claims
The claim was struck out under Rule 38 for not being actively pursued. The claimant failed to respond to the tribunal's letter dated 5 November 2025 which gave an opportunity to explain why the claim should not be struck out.
Facts
Ms McLean brought a claim against The Three Saints Academy Trust. The tribunal wrote to the claimant on 5 November 2025 warning that the claim would be struck out for non-pursuit under Rule 38 and gave the claimant an opportunity to respond or request a hearing. The claimant did not reply to this letter.
Decision
Employment Judge Butler struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 on the basis that the claim had not been actively pursued and that striking it out was consistent 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
- 2419880/2020
- Decision date
- 28 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No