Cases2419118/2020

Claimant v St Helens Council

28 November 2025Before Employment Judge Victoria ButlerManchesteron papers

Outcome

Claimant fails

Individual claims

Otherstruck out

The claims were struck out under Rule 38 for not being actively pursued. The Tribunal sent a warning letter on 11 November 2025 giving the claimants an opportunity to explain or request a hearing, but the claimants did not reply.

Facts

Eight claimants brought claims against St Helens Council with case numbers filed in 2020. The claims were not actively pursued by the claimants. The Tribunal wrote to the claimants on 11 November 2025 warning of potential strike-out under Rule 38 for non-pursuit and giving them opportunity to respond or request a hearing. The claimants did not reply to the Tribunal's letter.

Decision

Employment Judge M Butler struck out all eight claims under Rule 38 of the Employment Tribunal Procedure Rules 2024 for not being actively pursued. The Judge was satisfied this was in accordance with the overriding objective in Rule 3, given the claimants' failure to respond to the warning letter.

Practical note

Claimants must actively pursue their claims and respond to tribunal correspondence, or face strike-out under Rule 38 even after claims have been filed for several years.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 38Employment Tribunal Procedure Rules 2024 Rule 3

Case details

Case number
2419118/2020
Decision date
28 November 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
public sector
Represented
No

Claimant representation

Represented
No