Claimant v Sefton MBC
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 30 October 2025 warning that the claim would be struck out if not actively pursued. The claimant did not respond to this warning and failed to actively pursue the claim.
Facts
Ms Coleman brought an employment claim against Sefton MBC and Ursuline RC Primary School in January 2021. The claim was not actively pursued by the claimant. On 30 October 2025, the tribunal wrote to the claimant warning that the claim would be struck out for non-pursuit under Rule 38 and giving an opportunity to respond. The claimant did not reply to the warning letter.
Decision
Employment Judge M Butler struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue it. The judge was satisfied this was in accordance with the overriding objective in Rule 3, given the claimant's failure 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 under Rule 38.
Legal authorities cited
Statutes
Case details
- Case number
- 2400111/2021
- Decision date
- 20 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Sefton MBC
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No