Claims struck out after claimant failed to comply with tribunal orders
A former employee's unfair dismissal and disability discrimination claims were struck out after they failed to attend hearings, comply with case management orders, or contact the tribunal for over six months.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant submitted claims of unfair dismissal and disability discrimination on 16 August 2022.
- The claimant failed to attend a case management hearing on 3 April 2023.
- The claimant did not comply with case management orders requiring further details and medical evidence by 24 May 2023.
- The respondent applied to strike out the claims on 7 September 2023 due to non-compliance.
- The claimant did not attend the strike-out hearing on 6 November 2023 and could not be contacted.
Timeline
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Claim submitted
Mr F Williams submitted claims of unfair dismissal and disability discrimination to the Tribunal.
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Case management hearing
The Tribunal held a case management hearing; the claimant did not attend and could not be contacted.
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Case management orders sent
Orders were sent to the parties requiring the claimant to provide further details and medical evidence by 24 May 2023.
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Deadline for compliance
The claimant failed to comply with the orders by this date.
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Respondent's email to claimant
The respondent emailed the claimant's representative seeking compliance with the order.
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Respondent's follow-up email
The respondent sent a further email to the claimant's representative.
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Respondent's strike-out application
The respondent applied to strike out the claims due to non-compliance and lack of pursuit.
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Preliminary hearing notice
The Tribunal notified parties that the final hearing would be converted to a preliminary hearing to consider strike-out.
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Strike-out hearing
The claimant did not attend; the Tribunal struck out the claims for non-compliance and failure to pursue.
The legal issue
The tribunal had to decide whether to strike out the claims due to the claimant's failure to comply with case management orders and failure to actively pursue the claim.
The outcome
The tribunal struck out the claims of unfair dismissal and disability discrimination. The claimant had not attended a case management hearing, failed to provide required documents by the deadline, and did not respond to the respondent's attempts to contact them. The tribunal found the failure to engage was substantial and without explanation, making it just to strike out the claims.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all case management orders and deadlines, or risk having your claim struck out.
- Attend all hearings, even preliminary ones, or inform the tribunal in advance if you cannot attend.
- Keep in regular contact with the tribunal and the respondent to show you are actively pursuing your claim.
- If you are representing yourself, seek advice early on the procedural requirements to avoid unintentional non-compliance.
This case shows how quickly a tribunal claim can unravel when a claimant fails to engage with the process. The former employee brought claims of unfair dismissal and disability discrimination against Serco Ltd, but from the outset they did not attend a case management hearing, did not comply with orders to provide further details and medical evidence, and made no contact with the tribunal or the respondent for over six months.
What the tribunal did
The tribunal had listed a five-day final hearing, but when the claimant failed to comply with orders and the respondent applied to strike out, the hearing was converted to a preliminary hearing to consider strike-out. The claimant did not attend that hearing either, and could not be reached by phone or email. The tribunal found the claimant's failure to comply was substantial and amounted to a complete failure to engage with the process.
What the respondent did
Serco Ltd made reasonable efforts to seek compliance, emailing the claimant's representative twice after the deadline passed. When there was no response, they applied to strike out. The tribunal agreed that it was appropriate and just to strike out the claims.
Why this matters
For anyone considering a tribunal claim, this case is a reminder that the tribunal expects claimants to take an active role. Ignoring orders or failing to attend hearings can lead to the claim being struck out, regardless of its merits. If you are representing yourself, it is especially important to understand the procedural rules and to seek advice if you are struggling to comply.
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