Claimant’s Employment Tribunal Case Struck Out for Inactivity
📌 In brief
The Employment Tribunal dismissed the claimant’s case because they did not actively pursue their claims as required. This decision highlights the importance of adhering to procedural rules when bringing a case before an employment tribunal.
⚖️ Legal holding
A claim may be struck out if it is not actively pursued, under Rule 38 of the Employment Tribunal Procedure Rules 2024.
📖 Technical summary
The claimant's employment tribunal claims were struck out for lack of active pursuit.
📜 Headnote Official document
The claimant's employment claims were struck out by the Employment Tribunal due to lack of active pursuit, in accordance with Rule 38 of the Employment Tribunal Procedure Rules 2024.
📚 Full judgment Official document
OUTCOME: Struck Out
Case Number: 2409461/2021 2410375/2021
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
The claims are struck out.
REASONS
1. The Tribunal wrote to the claimant on 1 April 2026 warning them that the Tribunal was considering striking out the claims. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claims have not been actively pursued.
2. The letter gave the claimant an opportunity to explain why the claims should not be struck out, or to request a hearing at which to do so. The claimant has not replied.
3. I am satisfied that the grounds for striking out the claims under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claims. This is because they have not been actively pursued.
4. The claims are therefore struck out.
Approved by: Employment Judge M [NAME]
01 May 2026
JUDGMENT SENT TO THE PARTIES ON
6 May 2026 .....................................................................
..................................................................... FOR THE TRIBUNAL OFFICE
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
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- Employment Tribunal Employment Claims Struck Out for Inactive Pursuit
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- Employment Tribunal Employment Claims Struck Out Due to No Reasonable Prospect of Success
- Employment Tribunal Employment Tribunal Strikes Out Case for Procedural Failures
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- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claim for Insufficient Ser…
- Employment Tribunal Claimant's Discrimination Claims Struck Out by Employment Tribunal
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- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Complaint Due to Short Ser…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The claimant did not actively pursue their case.
- The claimant failed to comply with tribunal orders or engage reasonably.
- The claimant had less than two years of continuous employment.
- The claim had no reasonable prospect of success due to legal grounds like jurisdiction or status.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal struck out the claimant's claims for lack of active pursuit.
Who was involved?
A worker (the claimant) and their employer (Wigan Council).
How did the court decide, and why?
The tribunal decided to strike out the case because it had not been actively pursued as required by Rule 38 of the Employment Tribunal Procedure Rules.
Which laws or rules were applied?
Rule 38 of the Employment Tribunal Procedure Rules 2024 was applied.
What argument mattered most?
The lack of active pursuit of the claims was the central reason for striking out the case.
Was the decision for or against the person who brought the case?
Against the claimant, as their claims were struck out.
What does this mean for someone in a similar situation?
Someone bringing an employment tribunal case must ensure they actively pursue it to avoid having it struck out.
What evidence or documents mattered?
No specific evidence or documents are mentioned; the decision was based on procedural grounds.
Can a decision like this be appealed?
Yes, decisions can often be appealed but there may be time limits and requirements for doing so.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.