Y R Pilipenko v Temporary Kitchens Europe Ltd: 6010520/2025
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 13 April 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 Orders of the Tribunal and the claim had not been actively pursued.[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.[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. This is because it is evident that the claimant is not actively pursuing the claim and, given the final hearing is listed to take place in a little over 1 month and no active steps have been taken in terms of disclosure and evidence, there is now insufficient time for the case to be readied for a fair hearing to take place.[4]The claim is therefore struck out.[5]The hearing on 30-31 July 2026 will not take place. Approved by: