Former HGV driver loses unfair dismissal claim after breaching unless order on abusive language

This case shows how a claimant's conduct can derail a potentially valid claim. The former HGV driver had been pursuing claims for unfair dismissal and disability discrimination since 2018, but the case never reached a final hearing on the merits. Instead, it was dismissed because he repeatedly used abusive language towards the respondent and its representatives, despite warnings and a formal unless order.

What went wrong

The tribunal had given the claimant several chances. After two written warnings in July and August 2022, Employment Judge Butler made an unless order in December 2022: stop using abusive, derogatory or foul language, or your claim will be dismissed. The claimant breached that order, and the claim was struck out in May 2023. His application to set aside the unless order was refused in December 2023.

The tribunal noted that the claimant had a history of difficult behaviour, but the key point was that he continued to use abusive language even after the unless order. The judge found no good reason to reinstate the claim, especially given the long procedural history and the fact that the claimant had been given every opportunity to comply.

What the respondent did right

George Walker Transport Manchester Limited acted promptly by seeking the unless order and drawing the breaches to the tribunal's attention. This ensured that the claim was dismissed without the need for a full hearing on the merits, saving time and costs.

Why this matters

This case is a reminder that employment tribunals expect parties to behave respectfully. While the tribunal will often make allowances for litigants in person or those with vulnerabilities, there are limits. If you are pursuing a claim, it is essential to follow tribunal orders and avoid abusive language, or you risk losing your case entirely, regardless of its merits.