Sales commission agent's claims struck out after failing to comply with orders and bringing claims too late
A sales commission agent who brought claims against five different employers had most of his case struck out because the claims were out of time and he failed to provide required details. The tribunal also found he lacked the two years' service needed for an unfair dismissal claim.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #failure-to-comply-with-orders
- #out-of-time
- #litigant-in-person
- #employment-status-dispute
Key facts
- The claimant presented his claim on 20 July 2022.
- The claimant was employed by the first respondent from 1 October 2021.
- The claimant did not have two years' continuous service for an unfair dismissal claim.
- The claimant failed to comply with two case management orders to provide particulars of his claims.
- The tribunal found the claimant's claims against the second to fifth respondents were out of time.
- The tribunal struck out the claim against the first respondent for failure to comply with orders.
Timeline
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Employment with fifth respondent
Claimant worked for D D C Foods Ltd from 1 January 2020 to 31 July 2020.
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Employment with third respondent
Claimant worked for Xpress UK Wholesale Ltd from 1 August 2020 to 31 January 2021.
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Employment with fourth respondent
Claimant worked for Emregas Wholesalers Ltd from 1 February 2021 to 30 June 2021.
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Employment with second respondent
Claimant worked for Best Buy Enterprise Ltd from June 2021 for four or five months.
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Employment with first respondent
Claimant began working for S & H Wholesale & Distribution t/a Max Distribution Ent Ltd.
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Claim presented
Claimant presented his claim to the employment tribunal.
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First strike out judgment
Employment Judge Lewis struck out the unfair dismissal claim for lack of service.
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Preliminary hearing
Employment Judge Alliott struck out claims against second to fifth respondents as out of time.
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Final preliminary hearing
Employment Judge Alliott struck out the claim against the first respondent for failure to comply with orders.
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Judgment sent
The strike out judgment was issued.
The legal issue
The tribunal had to decide whether the claimant's claims should be struck out because they were brought too late (out of time) or because the claimant failed to follow tribunal orders to provide enough detail about his claims.
The outcome
The tribunal struck out all claims against the second to fifth respondents because they were brought well after the legal time limits. The claimant had worked for each of those employers for short periods ending between 2020 and 2021, but did not bring his claim until July 2022. The tribunal found that it was reasonably practicable for him to have brought the claims in time, and it was not just and equitable to extend the deadline.
The claim against the first respondent was also struck out because the claimant failed to comply with two case management orders requiring him to provide particulars of his claims. The tribunal had given him opportunities to provide details, but he did not do so.
Additionally, the unfair dismissal claim was struck out because the claimant did not have the required two years' continuous service with the first respondent. He had been employed from 1 October 2021, less than a year before presenting his claim.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits – usually three months minus one day from the act complained of – so act promptly.
- If you are a litigant in person, you must comply with tribunal orders to provide details of your claim, or your case may be struck out.
- For an unfair dismissal claim, you generally need at least two years' continuous service with your employer, unless the dismissal is for an automatically unfair reason.
- If you are unsure about your rights, seek advice early – delays can be fatal to your claim, even if you later research how to bring a claim.
This case illustrates how procedural mistakes can derail an employment claim even before the merits are considered. The claimant, a sales commission agent, brought claims against five different companies he had worked for over a two-year period. However, by the time he filed his claim in July 2022, the allegations against four of those employers were already many months out of time. The tribunal noted that the claimant had researched how to bring a claim online in June 2022, but that did not excuse the delay – the law expects claimants to act promptly, not wait until they have gathered all the information.
What went wrong
The claimant also failed to comply with two case management orders that required him to provide more detail about his claims. The tribunal gave him a chance to explain, but he did not provide the necessary particulars. This led to the claim against the first respondent being struck out as well. The tribunal was clear that even litigants in person must follow procedural rules.
Why this matters
For anyone considering an employment tribunal claim, this case is a reminder that time limits are strict and procedural compliance is essential. The claimant's lack of knowledge about the law and his financial difficulties were not enough to persuade the tribunal to extend time. If you have a potential claim, especially one involving multiple employers, seek advice as soon as possible and keep records of your employment dates and any issues that arise.
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