Former employee's unfair dismissal and disability claims struck out after failure to engage with tribunal
A tribunal struck out a former employee's claims of unfair dismissal and disability discrimination after she admitted inappropriate touching, failed to attend hearings, and ignored tribunal communications.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant admitted inappropriate touching which the respondent treated as sexual harassment and gross misconduct.
- The claimant did not attend the preliminary hearing and provided no explanation.
- The claimant failed to respond to multiple tribunal communications.
- The claimant's ET1 did not allege a causal connection between her alleged disability and dismissal.
- The respondent did not concede that the claimant had a disability under the Equality Act.
Timeline
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Email from Mr Horsman
The tribunal received an email from Mr Horsman with an attachment purporting to be a witness statement from the claimant, but it was not properly identified or sworn.
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EJ Rogerson's directions
Directions were issued setting a preliminary hearing to consider strike out and deposit orders, and giving the claimant an opportunity to clarify her claim.
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Warning letter
The tribunal warned the claimant that Mr Horsman's email and attachment might be removed from the file if she did not respond.
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Reminder letter
The tribunal reminded the claimant to respond to the warning letter.
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Strike out warning
EJ Ayre sent a letter warning the claimant that strike out was being considered due to her failure to respond.
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Preliminary hearing
The claimant did not attend. The tribunal struck out the claims under Rule 37(1)(a) and (d) as having no reasonable prospect of success and not being actively pursued.
The legal issue
The tribunal had to decide whether the claims of unfair dismissal and disability discrimination should be struck out because they had no reasonable prospect of success and were not being actively pursued by the claimant, who had admitted the misconduct that led to dismissal and failed to respond to tribunal communications.
The outcome
The tribunal struck out the claims of unfair dismissal and disability discrimination in their entirety.
The key reasons were:
- The claimant admitted inappropriate touching, which the respondent treated as sexual harassment and gross misconduct.
- The claimant did not attend the preliminary hearing and provided no explanation.
- She failed to respond to multiple tribunal communications, including warnings about strike out.
- Her ET1 did not allege a causal connection between her alleged disability and dismissal, and the respondent did not concede she had a disability.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you admit the misconduct that led to your dismissal, it is very difficult to succeed in an unfair dismissal claim unless you can show the sanction was unreasonable in the circumstances.
- Failing to respond to tribunal letters and directions can result in your claim being struck out for not being actively pursued.
- To bring a disability discrimination claim, you must clearly allege a causal link between your disability and the treatment you suffered.
- Attending all hearings is essential; non-attendance without explanation can lead to immediate dismissal of your case.
- If you are a litigant in person, the tribunal will try to help, but you must still engage with the process and provide clear evidence.
When admitting misconduct derails a claim
This case shows how difficult it is to challenge a conduct dismissal when the employee admits the behaviour that led to it. The former employee, who worked at Napoleon's Casino Bradford, admitted inappropriate touching, which the employer treated as sexual harassment and gross misconduct. She argued the dismissal was too harsh, but the tribunal noted she did not deny the allegation or suggest her disability (anxiety) caused the behaviour.
The importance of engaging with the tribunal
The claimant's failure to engage with the tribunal process proved fatal. She did not attend the preliminary hearing, ignored multiple letters including a strike-out warning, and did not respond to directions asking her to clarify her disability discrimination claim. The tribunal concluded the claims were not being actively pursued and had no reasonable prospect of success.
What the employer did right
The employer, represented by a consultant, clearly documented the misconduct and the dismissal process. They did not concede the claimant had a disability under the Equality Act, and the tribunal found no evidence linking the alleged disability to the dismissal. This made the discrimination claim weak from the start.
What this means for similar cases
Employees considering a claim after admitting misconduct should think carefully about the strength of their case. Even if they believe the punishment was too harsh, they need to show the employer acted outside the range of reasonable responses. For disability discrimination claims, a clear causal link must be established. Most importantly, engaging with the tribunal process is not optional — ignoring communications or failing to attend hearings will likely result in the claim being struck out.
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