Apprentice stylist's claim struck out after failing to comply with tribunal orders
An apprentice stylist who had less than two years' service had her unfair dismissal claim struck out, and the rest of her claim was later struck out for non-compliance and lack of active pursuit.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an Apprentice Stylist from 2 December 2020 to 8 February 2022.
- The claimant's unfair dismissal claim was struck out on 13 July 2022 because she had less than two years' service.
- The claimant was ordered to specify the sums she was claiming but failed to do so.
- The claimant did not attend the hearing on 28 November 2022.
- The remaining claim was struck out for non-compliance with orders and for not being actively pursued.
Timeline
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Employment started
Claimant began employment as an Apprentice Stylist.
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Dismissal
Claimant was dismissed from her employment.
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Final pay received
Claimant received pay for hours worked, a week's notice, holiday pay, and uplift to National Living Wage.
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Deadline to respond to strike out warning
Claimant was given until this date to show why her unfair dismissal claim should not be struck out; she failed to respond.
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Unfair dismissal claim struck out
Employment Judge Balogun struck out the unfair dismissal claim due to insufficient service.
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Order to specify sums claimed
Claimant was ordered to provide details of the sums she was claiming.
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Final order to provide information
Claimant was ordered to supply necessary information or the claim would be struck out.
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Hearing and strike out
Claimant did not attend; Employment Judge Truscott QC struck out the remaining claim for non-compliance and lack of active pursuit.
The legal issue
Whether the claimant's remaining claim should be struck out for failure to comply with tribunal orders and for not actively pursuing the claim.
The outcome
The tribunal struck out the claimant's entire claim.
- The unfair dismissal part was struck out first because the claimant had less than two years' service, which is required for such a claim.
- The remaining claim for unspecified payments was struck out because the claimant failed to comply with tribunal orders to provide details of her claim and did not attend the hearing.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Employees with less than two years' service generally cannot bring an unfair dismissal claim, unless the dismissal is for an automatically unfair reason.
- If you bring a claim, you must comply with tribunal orders, such as providing details of your claim, or risk having it struck out.
- Attending hearings is crucial; failing to attend can lead to your claim being dismissed.
- Tribunals have discretion to strike out claims that are not actively pursued, so you must engage with the process.
A claim that fell apart
This case shows how a tribunal claim can collapse if the claimant does not engage with the process. The apprentice stylist brought claims for unfair dismissal and unspecified payments after her employment ended. However, she had only worked for the salon for about 14 months — well short of the two-year qualifying period needed for an ordinary unfair dismissal claim. That part of her claim was struck out early on.
The importance of following orders
The tribunal then ordered her to specify what sums she was claiming for the remaining complaint. She was given multiple deadlines, including a final warning that failure to comply would lead to a strike-out. She did not provide the information and did not attend the final hearing. The tribunal found that she had not complied with orders and was not actively pursuing the claim, so it struck out the rest of the case.
What could have been done differently?
If the claimant had provided the requested information and attended the hearing, she might have been able to pursue her remaining claim. However, the unfair dismissal claim was already doomed by her short service. The key lesson is that tribunal rules must be followed — ignoring orders and failing to attend hearings will almost certainly result in the claim being dismissed.
Why this matters
This case is a reminder that bringing a tribunal claim is not a set-and-forget process. Claimants must actively engage, comply with deadlines, and attend hearings. For employers, it shows that even if a claim is weak, you still need to respond appropriately — but here the respondent appeared in person and the claim was struck out without the need for a full hearing.
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