Claims struck out after employee failed to comply with tribunal orders
A former employee's claims for constructive unfair dismissal, disability discrimination, and age discrimination have been struck out after repeated failures to comply with tribunal orders and participate in hearings.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #non-compliance
- #failure-to-attend
- #case-management-orders
- #fair-trial-impossible
Key facts
- The claimant brought claims for constructive unfair dismissal, disability discrimination, and age discrimination.
- The claimant failed to comply with case management orders and did not provide further information as ordered.
- The claimant joined late or could not meaningfully participate in three preliminary hearings.
- The claimant did not respond to a strike out warning sent on 29 November 2023.
- The final hearing was taken out of the list because a fair trial was not possible due to the claimant's default.
Timeline
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First preliminary hearing
The claimant joined late and could not meaningfully take part.
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Second preliminary hearing
The claimant joined late and due to inability to take part, no progress was made.
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Third preliminary hearing and order
The claimant was ordered to provide further information but did not comply.
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Respondent applied for strike out
The respondent applied for strike out based on the claimant's non-compliance.
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Strike out warning sent
The Tribunal gave the claimant an opportunity to make representations by 13 December 2023.
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Strike out judgment
The Tribunal struck out all claims due to the claimant's failure to comply and lack of participation.
The legal issue
The tribunal had to decide whether the claimant's conduct—including failing to comply with orders, joining hearings late, and not responding to a strike-out warning—was so unreasonable that the claims should be struck out.
The outcome
The tribunal struck out all of the former employee's claims for constructive unfair dismissal, disability discrimination, and age discrimination.
The key reasons were:
- The claimant failed to comply with case management orders, including an order to provide further information.
- The claimant joined late or could not meaningfully participate in three preliminary hearings.
- The claimant did not respond to a strike-out warning sent on 29 November 2023.
- A fair trial was not possible due to the claimant's default, and the final hearing was taken out of the list.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Failing to comply with tribunal orders can lead to your entire claim being struck out, even if you have a strong case.
- If you cannot attend a hearing on time, contact the tribunal immediately to explain and request an adjustment.
- Responding to strike-out warnings is critical—ignoring them almost always results in dismissal of your claim.
- Active participation in case management hearings is essential; joining late and being unable to engage can be treated as non-compliance.
When non-compliance ends a claim
This case shows that employment tribunals will not tolerate persistent failure to follow orders, even where the underlying allegations are serious. The former employee brought claims for constructive unfair dismissal, disability discrimination, and age discrimination against Mammoet UK Limited. However, from the outset the claimant struggled to engage with the process.
At three separate preliminary hearings the claimant either joined late or could not meaningfully take part. After being ordered to provide further information in August 2023, the claimant simply did not comply. When the respondent applied for a strike-out and the tribunal issued a warning letter, the claimant failed to respond.
What the losing side could have done differently
The tribunal gave the claimant several opportunities to put things right. A strike-out warning sent on 29 November 2023 explicitly invited the claimant to make representations or request a hearing by 13 December 2023. The claimant did neither. Simply contacting the tribunal to explain the difficulties—or asking for more time—might have saved the claim.
Why this matters for similar claims
Employment tribunals have a duty to manage cases efficiently. Where a claimant repeatedly fails to comply with orders and does not participate, the tribunal can conclude that a fair trial is impossible. This is a reminder that bringing a claim is not enough: you must actively pursue it and follow the tribunal's directions. Ignoring warnings or orders will almost certainly lead to strike-out, with no compensation and no opportunity to re-argue the case.
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