J Timberlake v Poole Property Holdings Ltd (In Administration): 6038061/2025
JUDGMENT
The response is struck out.REASONS
[1]The Tribunal wrote to the respondent on 28 April 2026 warning them that the Tribunal was considering striking out the response. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that• the respondent had not complied with the Order of the Tribunal in relation to disclosure;• The response has not been actively pursued.[2]The letter gave the respondent an opportunity to explain why the response should not be struck out, or to request a hearing at which to do so. The respondent has not replied[3]I am satisfied that the grounds for striking out the response under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the response. This is becausea. The respondent has failed to comply with the orders of the Court regarding disclosure;b. The respondent has failed to respond to the strike out warning sent to the parties on the 28 April 2026;c. The respondent has not actively pursued the response;[4]The response is therefore struck out. The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Approved by: