Claim struck out after former employee failed to comply with tribunal orders
An employment tribunal struck out a former employee's unfair dismissal claim after she failed to comply with any part of a case management order, leading to cancellation of the full hearing.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #failure-to-comply
- #litigant-in-person
- #case-management-order
- #non-engagement
Key facts
- The claimant failed to comply with any part of the Tribunal's Case Management Order dated 08/11/2022.
- The claimant did not supply a statement of loss, evidence, or a witness statement.
- The claimant did not respond to correspondence from the respondent or the Tribunal.
- The claimant returned to employment in November 2022 and cited work and caring responsibilities as reasons for non-compliance.
- The claimant had medical issues in Autumn 2022 but did not inform the Tribunal or respondent of any difficulties.
Timeline
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Claims presented
Miss S Young presented claims against Mitchells & Butlers Retail Ltd. (exact dates not specified).
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Case Management Order issued
The Tribunal issued a Case Management Order requiring the claimant to take certain steps, including providing a statement of loss and evidence.
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Unless order warning
The Tribunal sent a letter warning the claimant that an unless order was being considered and requiring a response within 7 days.
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Hearing converted to strike out
The Tribunal cancelled the full hearing listed for 9-12 May and converted it to an Open Preliminary Hearing to consider a strike out application.
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Strike out hearing
Employment Judge Harley held a hearing by CVP. The claimant attended and confirmed her failures, apologizing but offering no good reason.
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Judgment issued
Employment Judge Harley issued a written judgment striking out the claims, with reasons.
The legal issue
Whether the claimant's unfair dismissal claim should be struck out due to unreasonable conduct and failure to comply with case management orders, making a fair trial impossible.
The outcome
The tribunal struck out the former employee's unfair dismissal claim in its entirety.
The key reasons were:
- The claimant failed to comply with any part of the tribunal's Case Management Order of 8 November 2022.
- She did not provide a statement of loss, evidence, or witness statement, and did not respond to correspondence from the respondent or the tribunal.
- Her non-compliance meant the respondent could not prepare for the final hearing, which had to be cancelled.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you bring a claim, you must comply with all tribunal orders and deadlines, even if you are representing yourself.
- If you have difficulties complying, inform the tribunal and the other side as soon as possible — silence can lead to your claim being struck out.
- Returning to work or having caring responsibilities is not an automatic excuse for failing to engage with the tribunal process.
- A tribunal will consider striking out a claim if the lack of engagement makes a fair trial impossible.
This case shows the serious consequences of failing to engage with the employment tribunal process. The former employee brought an unfair dismissal claim against Mitchells & Butlers Retail Ltd., but after the tribunal issued a case management order in November 2022, she did nothing to comply. She did not provide a statement of loss, any evidence, or a witness statement. She also failed to respond to letters from the tribunal or the respondent.
What went wrong
The claimant returned to work in November 2022 and said that her job and caring responsibilities took priority. She also mentioned medical issues from the previous autumn. However, she did not tell the tribunal or the respondent about any difficulties at the time. The tribunal noted that her medical issues predated the case management hearing and that she had made no attempt to warn anyone that she was struggling.
By the time of the strike-out hearing in May 2023, the final hearing had already been cancelled because the respondent could not prepare. The claimant attended the hearing and was apologetic, but could not offer a good reason for her non-compliance.
Why the result matters
The tribunal's decision is a reminder that litigants in person are still expected to follow tribunal rules. While the tribunal has some sympathy for personal difficulties, it cannot allow a claim to proceed if only one side is engaged. The overriding objective requires both parties to cooperate so that cases can be heard fairly. Here, the claimant's persistent failure to engage made a fair trial impossible, and striking out was the only appropriate sanction.
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