A Stanger v Department for Work and Pensions: 2302858/2023
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 23 June 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claimant had not complied with the Orders of the Tribunal dated 14 August the claim had not been actively pursued; and/or[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied within the 7 days required by the Tribunal’s letter.[3]I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim as in such circumstances, a fair trial is not possible during the days the case has been listed to be heard starting on 12 October 2026.[4]The claim is therefore struck out.[5]The hearing on 12-19 October 2026 will not take place. Approved by: