D Sindimwo v Active Care: 6016434/2025
JUDGMENT
The claim is struck out.REASONS
[1]The claimant has not actively pursued the claim.[2]On 15th December 2025 the Tribunal wrote to the claimant on behalf of Employment Judge Burge who directed that she provides the Tribunal and the respondent with a list of every payment that she says she is owed within 21 days. On 7th January 2026 the respondent applied for the claim to be struck out. Amongst other grounds, due to the claimant’s failure to comply with this direction and for failing to actively pursue the claim.[3]On 7th March 2026 Employment Judge Corrigan considered the respondent’s strike out application and directed the claimant to write to the Tribunal and the respondent to clarify the amount she is claiming, and whether she is actively pursuing the claim. The claimant has not complied with this direction.[4]The respondent renewed its strike out application on 8th April 2026.[5]As at 9th July 2026, there has been no response from the claimant to either Employment Judge Burge or Employment Judge Corrigan’s directions despite having had the opportunity to do so.[6]For the reasons stated above, I am satisfied that the grounds for striking out the claim under Rule 38(1)(d) apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim.[7]The claim is therefore struck out.[8]The hearing on 29th and 30th October 2026 will not take place. Approved by: