10-day job, failed to comply with tribunal orders: claim dismissed
An assistant accountant who was employed for just 10 days had her unfair dismissal and disability discrimination claims thrown out after repeatedly failing to comply with tribunal orders and not attending a hearing.
2 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as an assistant accountant from 12 to 22 October 2020.
- The claimant presented a claim for unfair dismissal and disability discrimination on 8 January 2021.
- Employment Judge Cookson made an 'unless' order requiring the claimant to explain her entitlement to unfair dismissal with less than two years' service by 19 July 2021.
- The claimant failed to comply with any of the orders made by EJ Cookson.
- The claimant did not attend the preliminary hearing on 3 November 2021 and did not provide a satisfactory explanation.
- The respondent applied for the claim to be dismissed for non-compliance and non-attendance.
Timeline
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Employment start
The claimant started work as an assistant accountant for the respondent.
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Employment end
The claimant's employment ended after only 10 days.
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Claim presented
The claimant presented claims for unfair dismissal and disability discrimination.
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First preliminary hearing
Employment Judge Cookson held a telephone preliminary hearing and made orders including an 'unless' order regarding unfair dismissal.
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Unless order sent
The 'unless' order was sent to the parties, requiring the claimant to respond by 19 July 2021.
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Deadline for unless order
The claimant failed to comply with the 'unless' order, resulting in automatic dismissal of the unfair dismissal claim.
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Deadline for disability information
The claimant failed to provide disability-related information and a schedule of loss as ordered.
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Claimant's email
The claimant emailed the tribunal apologising and citing personal issues, but did not comply with orders.
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Claimant's second email
The claimant sent an identical email to the tribunal, again not complying.
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Preliminary hearing and dismissal
The claimant did not attend; the tribunal dismissed the disability discrimination claim for non-compliance and non-attendance.
The legal issue
The tribunal had to decide whether to strike out the claimant's disability discrimination claim due to her wholesale failure to comply with tribunal orders and her non-attendance at the preliminary hearing.
The outcome
The tribunal dismissed all of the claimant's claims.
- The unfair dismissal claim was automatically struck out when the claimant failed to comply with an 'unless' order requiring her to explain why she could bring a claim with less than two years' service.
- The disability discrimination claim was dismissed under Rule 47 of the Employment Tribunal Rules because the claimant failed to comply with all other orders (including providing disability information and a schedule of loss) and did not attend the preliminary hearing without a satisfactory explanation.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you have less than two years' service, you generally cannot claim unfair dismissal unless you fall into a specific exception – you must explain this to the tribunal if asked.
- Failing to comply with an 'unless' order will result in automatic dismissal of that claim – no further hearing is needed.
- Ignoring tribunal orders and not attending hearings without a good reason will likely lead to your entire case being struck out.
- If you are representing yourself, it is your responsibility to comply with all deadlines and orders – the tribunal will not chase you.
- Sending apologetic emails without actually complying with orders is not enough to avoid dismissal of your claim.
A short employment, a shorter claim
This case shows how quickly a tribunal claim can unravel if the claimant fails to engage with the process. The assistant accountant was employed for just 10 days in October 2020. She brought claims for unfair dismissal and disability discrimination in January 2021. However, from the outset, the tribunal had concerns about the unfair dismissal claim because employees generally need two years' service to bring such a claim.
At a preliminary hearing in June 2021, Employment Judge Cookson made an 'unless' order: the claimant had to explain by 19 July 2021 why she could bring an unfair dismissal claim despite her short service. She did not respond. As a result, the unfair dismissal claim was automatically struck out without any further hearing.
The claimant also failed to comply with other orders, including providing medical evidence about her alleged disability and a schedule of loss. She sent two identical emails in October 2021 apologising and citing personal issues, but she did not provide the required information or attend the final preliminary hearing on 3 November 2021.
What the losing side could have done differently
The claimant could have preserved her disability discrimination claim by simply complying with the tribunal's orders. Even if she struggled with personal issues, she could have asked for an extension of time or explained her situation in a way that showed she was trying to comply. Instead, she did nothing until sending vague emails shortly before the hearing, and then failed to attend.
The respondent, A Suman & Co Ltd, applied for the claim to be dismissed. The tribunal agreed, noting that the claimant had not provided any satisfactory explanation for her non-compliance and non-attendance.
Why this matters for similar claims
This case is a stark reminder that tribunals expect parties to follow their orders. Claimants who ignore deadlines or fail to attend hearings risk having their entire case thrown out, regardless of its merits. The tribunal has wide powers to strike out claims for non-compliance, and they will use them, especially where the claimant has had clear warnings. If you are bringing a claim, especially without a solicitor, make sure you understand and meet every deadline – or ask for help before it is too late.
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