Claims struck out after housing officer failed to serve witness statement
A former housing officer's unfair dismissal and discrimination claims were struck out after she repeatedly failed to serve a witness statement, despite extensions and warnings. She was also ordered to pay £3,870 in costs.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #costs-order
- #failure-to-serve-witness-statement
- #litigant-in-person
- #unreasonable-conduct
Key facts
- The claimant presented claims of unfair dismissal, age and race discrimination, and failure to pay notice on 21 December 2022.
- The tribunal ordered mutual exchange of witness statements by 6 November 2023, extended to 13 November 2023 by agreement.
- The claimant failed to serve her witness statement despite extensions and warnings.
- The final hearing scheduled for 4-8 December 2023 was converted to a preliminary hearing due to the claimant's non-compliance.
- The tribunal struck out the claims under rules 37(1)(b) and (c) for unreasonable conduct and non-compliance with an order.
- The claimant was ordered to pay the respondent's costs capped at £3,870 in monthly instalments of £64.50.
Timeline
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Claim presented
The claimant presented claims of unfair dismissal, age and race discrimination, and failure to pay notice.
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Case management hearing before Judge Brown
Judge Brown listed a 5-day final hearing for 4-8 December 2023 and a preliminary hearing for 22 August 2023.
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Preliminary hearing before Judge Russell
Judge Russell dismissed the respondent's applications to strike out or for a deposit order, and ordered mutual exchange of witness statements by 6 November 2023.
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Deadline for witness statements
The claimant failed to serve her witness statement, citing computer problems. The respondent agreed to a one-day extension to 14 November 2023.
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Respondent applies for unless order
The respondent applied for an unless order after the claimant failed to serve her witness statement.
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Tribunal strike out warning
The tribunal warned the claimant that it was considering striking out the claim for non-compliance and lack of active pursuit.
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Final hearing converted to preliminary hearing
The tribunal informed the parties that the final hearing would be converted to a preliminary hearing to consider strike out and disclosure issues.
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Preliminary hearing before Judge Green
The tribunal heard submissions on strike out and costs. The claimant had still not served her witness statement.
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Judgment issued
Employment Judge Green struck out the claims and ordered the claimant to pay costs capped at £3,870.
The legal issue
The tribunal had to decide whether the claimant's conduct in failing to serve a witness statement was so unreasonable that her claims should be struck out, and whether the respondent should be awarded costs for wasted preparation.
The outcome
The tribunal struck out all of the claimant's claims (unfair dismissal, age and race discrimination, and failure to pay notice) under rules 37(1)(b) and (c) of the Employment Tribunal Rules of Procedure.
The key reason was that the claimant failed to serve her witness statement by the deadline of 6 November 2023, despite an extension to 13 November and a further one-day extension agreed by the respondent. She cited computer problems but provided no evidence. The tribunal warned her on 17 November that strike out was being considered, yet she still did not comply by the preliminary hearing on 4 December.
Compensation:
- The claimant was ordered to pay the respondent's costs capped at £3,870.
- Payment to be made in 60 monthly instalments of £64.50.
Lessons & takeaways
- If you are bringing a claim, comply with tribunal orders for exchanging witness statements — failure to do so can lead to your entire case being struck out.
- If you have difficulties meeting a deadline, apply to the tribunal for an extension before the deadline passes, and provide evidence to support your request.
- Tribunals expect litigants in person to take reasonable steps to prepare their case; persistent non-compliance without good reason is likely to be seen as unreasonable conduct.
- Costs orders can be made against a claimant who causes unnecessary wasted costs, even if they are not legally represented.
When failing to comply with tribunal orders can end your case
This case shows how seriously employment tribunals take procedural orders. The claimant, a former housing officer, had brought claims of unfair dismissal, age and race discrimination, and failure to pay notice against Equans Regeneration Limited. After a preliminary hearing in August 2023, the tribunal ordered both sides to exchange witness statements by 6 November 2023. The claimant did not comply.
Despite an agreed extension to 13 November, and a further one-day extension to 14 November, the claimant still did not serve her statement. She told the respondent she had computer problems, but provided no evidence. The tribunal warned her on 17 November that it was considering striking out her claim. Even then, she did not produce a statement before the preliminary hearing on 4 December.
What the losing side could have done differently
The claimant could have avoided strike out by serving her witness statement on time, or by applying to the tribunal for a formal extension with supporting evidence. If computer issues were genuine, she could have provided a screenshot or other proof. Instead, her silence and lack of active pursuit led the tribunal to conclude her conduct was unreasonable and in breach of the order.
Why this matters for similar claims
Employment tribunals have wide powers to strike out claims where a party has acted unreasonably or failed to comply with an order. This case is a reminder that procedural compliance is not optional. Even litigants in person are expected to take reasonable steps to progress their case. The claimant also had to pay £3,870 of the respondent's wasted costs, capped and payable in instalments — a significant financial penalty on top of losing her claims.
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