Claimant v Ashes Care Group Limited (in Voluntary Liquidation)
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 17 September 2025 warning that the claim would be struck out as it had not been actively pursued. The claimant failed to respond to this warning letter or request a hearing, demonstrating continued non-pursuit of the claim.
Facts
Mrs Mahmoud brought an employment claim against Ashes Care Group Limited, which had entered voluntary liquidation. The claim was filed in July 2024. The claimant failed to actively pursue the claim. On 17 September 2025, the Tribunal wrote to the claimant warning that the claim would be struck out for non-pursuit and giving an opportunity to respond or request a hearing. The claimant did not reply to this letter.
Decision
Employment Judge Childe struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024. The Judge was satisfied that the grounds for striking out applied because the claim was not being actively pursued, and that striking out was in accordance with the overriding objective as the claimant had failed to respond to the warning letter.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence, or risk having their claims struck out for non-pursuit even where the respondent is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 2501875/2024
- Decision date
- 27 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No