Driver's unfair dismissal claim struck out after failure to attend hearing
An employment tribunal struck out a driver's unfair dismissal and age discrimination claims after he failed to attend a case management hearing and did not comply with orders to provide details of his case.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #non-attendance
- #failure-to-comply-with-order
- #interpreter-required
Key facts
- The claimant issued a perfunctory ET1 claiming unfair dismissal and age discrimination.
- The respondent's ET3 stated the claimant was dismissed because he refused to learn English.
- The claimant failed to comply with an order to provide details of his claims.
- The claimant did not attend the case management hearing on 6 September 2023.
- The claimant's representative also did not attend the hearing.
- The tribunal struck out the claims for lack of prosecution.
Timeline
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Order for further particulars
Employment Judge Laidler ordered the claimant to specify details of his unfair dismissal and age discrimination claims.
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First case management hearing
A telephone preliminary hearing was held before Employment Judge Robertson. The claimant's representative attended but the hearing was adjourned due to lack of a Hungarian interpreter.
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Direction to relist
Employment Judge Bedoe directed the tribunal to ask parties for available dates to relist the case management hearing.
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Respondent's email
Mr Devecsai emailed the tribunal stating he could not attend the next day's hearing as he no longer lived in the UK.
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Case management hearing and strike out
Neither the claimant nor his representative attended. The tribunal struck out the claims under Rule 37 for failure to prosecute.
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Judgment sent
Employment Judge Palmer issued the written judgment striking out the claims.
The legal issue
Whether the claimant's claims should be struck out for failure to prosecute, given his non-attendance at a case management hearing and failure to comply with a tribunal order to provide details of his claims.
The outcome
The tribunal struck out the driver's claims for unfair dismissal and age discrimination under Rule 37 of the Employment Tribunal Rules for failure to prosecute.
The key reasons were:
- The claimant did not attend the case management hearing, nor did his representative.
- He had failed to comply with an order from November 2022 to provide further details of his claims.
- The tribunal concluded that the claim had not been actively pursued since it was first presented.
Lessons & takeaways
- If you bring a claim, you must comply with tribunal orders, such as providing further details of your case, or risk having your claim struck out.
- Attend all hearings, or ensure your representative attends; failure to do so can lead to your claim being dismissed.
- If you need an interpreter, inform the tribunal well in advance so one can be arranged; delays may still result in strike-out if you do not pursue the case.
- Keep the tribunal updated with your contact details; if you move abroad, you must still be reachable for hearings.
This case shows the consequences of failing to actively pursue an employment tribunal claim. The driver issued a claim for unfair dismissal and age discrimination after being dismissed for refusing to learn English, but then did little to progress it.
What went wrong
The tribunal had ordered the driver to provide details of his claims in November 2022, but he never complied. A case management hearing was adjourned in March 2023 because a Hungarian interpreter was not booked, but when the hearing was relisted for September, neither the driver nor his representative attended. The respondent's director also did not attend, having emailed the tribunal the night before to say he no longer lived in the UK.
Why the result matters
The tribunal decided there was no alternative but to strike out the claims. The case had been 'in its infancy' for nearly a year, with no progress from the claimant. This outcome underscores that tribunals expect claimants to take their cases seriously: attend hearings, comply with orders, and keep the tribunal informed. Failing to do so can mean losing the right to have the case heard on its merits, regardless of the underlying strength of the claim.
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