N V Pencheon v Conifers Day Nursery KN Ltd: 6039342/2025
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 claim was vexatious in the sense that as a duplicate claim it is an abuse of process or that presenting this second duplicate claim is unreasonable conduct;[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 confirmed she does not object to the claim being struck out and that she had not intended to duplicate proceedings.[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 clear this claim is a duplicate of proceedings issued in error. The claimant’s claims under case number 6035394/2025 will proceed.[4]The claim is therefore struck out.[5]The hearing on 21 and 22 May 2026 will not take place. Approved by: