10-year employee's unfair dismissal claim struck out after failing to comply with tribunal orders
A Media Sales Operator with 10 years' service had his unfair dismissal and discrimination claims struck out after repeatedly failing to comply with tribunal directions. The tribunal awarded costs against him.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #non-compliance-with-orders
- #failure-to-pursue
- #costs-application
- #media-sales-operator
Key facts
- The claimant was employed as a Media Sales Operator from 21 March 2012 until dismissal on 26 March 2022.
- The respondent dismissed the claimant for gross misconduct.
- The claimant brought claims for unfair dismissal, race discrimination, religion or belief discrimination, and disability discrimination.
- The disability discrimination claim was struck out after a preliminary hearing found the claimant was not disabled.
- The claimant repeatedly failed to comply with tribunal orders for disclosure and witness statements.
- The remaining claims were struck out under Rule 37 for non-compliance and lack of active pursuit.
Timeline
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Employment started
Claimant began working for Discovery Communications Europe Ltd as a Media Sales Operator.
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Dismissal
Claimant was dismissed for gross misconduct.
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Claim issued
Claimant issued tribunal proceedings for unfair dismissal and discrimination.
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First case management hearing
Employment Judge Glennie listed the case for a five-day hearing in June 2023 and made directions.
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Second case management hearing
Employment Judge Plowright postponed the June hearing due to claimant's non-compliance.
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Preliminary hearing on disability
Postponed to 21 August due to lack of judicial resources.
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Disability preliminary hearing
Employment Judge Smart struck out disability discrimination claim; claimant found not disabled.
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Third case management hearing
Employment Judge Nash reset timetable; claimant resistant to directions.
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Respondent's strike out request
Respondent wrote requesting strike out due to claimant's non-compliance.
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First strike out judgment
Employment Judge Goodman struck out claims; later revoked due to administrative issues.
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Preliminary hearing on strike out
Employment Judge Henderson heard claimant's representations.
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Final strike out judgment
Employment Judge Henderson struck out remaining claims and gave directions on costs.
The legal issue
Whether the claimant's remaining claims for unfair dismissal, race discrimination, and religion or belief discrimination should be struck out for failure to comply with tribunal orders and for not being actively pursued.
The outcome
The tribunal struck out all remaining claims for unfair dismissal, race discrimination, and religion or belief discrimination.
Key reasons:
- The claimant repeatedly failed to comply with directions for disclosure, bundle preparation, and witness statements.
- He did not respond to warnings or engage with the tribunal or respondent.
- The disability discrimination claim had already been struck out after a finding that he was not disabled.
The tribunal also gave directions for the respondent to apply for costs, which were subsequently awarded.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all orders and directions, even if you are representing yourself.
- Ignoring tribunal warnings about non-compliance will almost certainly lead to your claim being struck out.
- Keep the tribunal and the other side informed of any difficulties you have with deadlines — silence is treated as disengagement.
- A claim that is not actively pursued can be struck out even if it had merit on paper.
This case shows how a potentially valid claim can collapse if the claimant fails to engage with the tribunal process. The Media Sales Operator, who had worked for Discovery Communications Europe Limited for a decade, brought claims for unfair dismissal and multiple forms of discrimination after being dismissed for gross misconduct. However, the tribunal never reached the merits because the claimant stopped complying with orders.
What went wrong
From the outset, the claimant struggled to meet deadlines. Despite several case management hearings where judges explained what was required, he failed to provide disclosure, agree a hearing bundle, or exchange witness statements. He was given multiple chances — directions were reset, warnings were issued — but he did not respond. By the time of the final strike out hearing, he had not communicated with the tribunal or the respondent for weeks.
The tribunal concluded that the claimant's conduct made a fair hearing impossible. The claims were struck out under Rule 37, which allows tribunals to dismiss cases that are not actively pursued or where there is persistent non-compliance. The respondent was also given permission to apply for costs, which were later awarded.
What this means for others
This case is a reminder that tribunals expect all parties to follow their directions, regardless of whether they have legal representation. Claimants who find the process overwhelming should seek advice or ask the tribunal for help — but ignoring orders is not an option. A claim that is struck out for non-compliance cannot be brought again, and the claimant may also face a costs order.
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