Claim struck out after failure to comply with tribunal orders due to ill-health
A former employee's unfair dismissal and disability discrimination claims against Marks and Spencer were struck out after she failed to comply with tribunal orders and did not actively pursue her claim.
1 min read · Last updated 19 May 2026
Key facts
- The claimant issued a claim for unfair dismissal and disability discrimination on 13 April 2023.
- The claimant failed to comply with tribunal directions made on 26 July 2023 and 31 October 2023.
- The claimant's solicitors withdrew on 25 October 2023 due to inability to obtain instructions because of the claimant's ill-health.
- The respondent agreed to a stay in August 2023 based on the claimant's ill-health.
- The claimant did not attend the hearing on 31 October 2023 and provided no medical evidence.
- The tribunal struck out the claim on 8 January 2024 due to non-compliance and lack of active pursuit.
Timeline
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Claim issued
The claimant issued a claim for unfair dismissal and disability discrimination.
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Case management hearing
The tribunal listed the case for a 4-day hearing starting 31 October 2023 and issued directions.
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Stay requested
The claimant's solicitors requested a 3-month stay due to ill-health; the respondent agreed, but no stay was ordered due to lack of medical evidence.
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Solicitors withdrew
The claimant's solicitors notified the tribunal they no longer acted for her due to inability to obtain instructions.
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Strike-out application hearing
The respondent applied to strike out the claim. The tribunal dismissed the application and postponed the substantive hearing, issuing further directions.
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Final opportunity to respond
The tribunal gave the claimant an opportunity to show cause why the claim should not be struck out for non-compliance.
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Strike-out judgment
Employment Judge C Sharp struck out the claim due to failure to comply with orders and lack of active pursuit.
The legal issue
Whether the claimant's claims should be struck out for non-compliance with tribunal orders and lack of active pursuit, given that ill-health prevented her from participating.
The outcome
The tribunal struck out the former employee's claims for unfair dismissal and disability discrimination against Marks and Spencer PLC.
The key reason was that the claimant failed to comply with tribunal directions made on 26 July 2023 and 31 October 2023, and did not actively pursue her claim. She was given a final opportunity to respond in December 2023 but made no representations.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you are unable to comply with tribunal orders due to ill-health, provide medical evidence as soon as possible to support a request for a stay or extension.
- Respond promptly to tribunal communications, especially when given a final chance to show cause why your claim should not be struck out.
- If you are representing yourself, seek advice or support to ensure you understand and comply with tribunal directions.
- A tribunal may strike out a claim if it is not actively pursued, even if the reason is ill-health, unless you keep the tribunal informed and provide evidence.
This case shows the importance of complying with tribunal directions and actively pursuing a claim, even when facing significant personal difficulties. The former employee issued claims for unfair dismissal and disability discrimination against Marks and Spencer, but her health problems prevented her from engaging with the process.
Initially, the tribunal showed considerable patience. At a hearing in October 2023, it refused the employer's application to strike out the claim, recognising that the claimant's ill-health was the reason for non-compliance. It postponed the substantive hearing and issued further directions. However, when the claimant failed to comply with those directions and did not respond to a final warning in December 2023, the tribunal had no choice but to strike out the claim.
What could have been done differently? The claimant's solicitors had withdrawn because they could not obtain instructions. If the claimant had been able to provide even a short medical note or a brief update to the tribunal, it might have made a difference. The tribunal had already accepted that ill-health was the issue, but without any communication or evidence, it could not justify further delay.
For anyone bringing a claim, this case is a reminder that tribunals need you to engage with the process. If you are unwell, seek help early — from a friend, a support organisation, or a legal adviser — to keep the tribunal informed. Silence, even when caused by genuine illness, can lead to your claim being struck out.
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