Bus driver's claims struck out after repeated failure to comply with tribunal orders
A tribunal struck out a bus driver's constructive unfair dismissal and disability discrimination claims after she repeatedly failed to provide medical evidence and a schedule of loss, and did not attend the final hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a bus driver for just over two years until her resignation on 10 August 2020.
- She brought claims for constructive unfair dismissal, disability discrimination, and other payments on 7 October 2020.
- The claimant failed to comply with multiple tribunal orders over nine months, including providing medical evidence and a schedule of loss.
- She did not attend the preliminary hearing on 12 September 2022 and gave no explanation.
- The tribunal struck out all claims due to non-compliance and unreasonable conduct.
Timeline
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Resignation
The claimant resigned from her employment as a bus driver with effect from this date.
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Claim presented
The claimant brought claims for constructive unfair dismissal, disability discrimination, and other payments.
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First preliminary hearing
The claimant did not attend; the tribunal made orders for her to provide details of impairments, medical records, and a schedule of loss.
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Extension granted
The claimant requested and was granted an extension to comply with orders relating to her disability discrimination claim.
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Respondent notified non-compliance
The respondent's solicitors notified the tribunal and claimant of non-compliance and requested an 'Unless' order.
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Final warning from tribunal
The tribunal sent a letter stating this was a final attempt to obtain information and warning of strike out.
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Claimant refused to disclose
The claimant emailed stating she would not hand over medical documents, saying 'I'm not handing anything over'.
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Claimant's last communication
The claimant emailed apologizing and saying she had 'a lot going on'.
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Strike-out hearing
The claimant did not attend; the tribunal struck out all claims for non-compliance and unreasonable conduct.
The legal issue
The tribunal had to decide whether to strike out the claimant's claims for non-compliance with tribunal orders and unreasonable conduct, given her repeated failures to provide required information and attend hearings.
The outcome
The tribunal struck out all of the claimant's claims: constructive unfair dismissal, disability discrimination, and a claim for 'other payments'.
The key reason was that the claimant had failed to comply with multiple tribunal orders over a period of nine months, including orders to provide details of her impairments, medical records, and a schedule of loss. She also did not attend the strike-out hearing and gave no explanation.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Tribunals expect claimants to comply with orders, even if they are representing themselves – failure to do so can result in the claim being struck out.
- If you have personal difficulties, you should inform the tribunal and ask for more time, rather than ignoring orders.
- Attending hearings is crucial; if you cannot attend, you must tell the tribunal in advance and explain why.
- Providing medical evidence is a standard requirement in disability discrimination claims – refusing to do so can be fatal to the case.
This case shows what can happen when a claimant fails to engage with the tribunal process. The bus driver brought claims for constructive unfair dismissal and disability discrimination after resigning from Stagecoach London. However, over nine months she repeatedly failed to comply with tribunal orders, including providing medical evidence and a schedule of loss. She also did not attend the final hearing.
What the tribunal considered
The tribunal had given the claimant several chances. It issued orders, granted extensions, and sent a final warning letter. The claimant's response was to say she would not hand over medical documents, stating 'I'm not handing anything over'. Her last communication said she had 'a lot going on', but she did not ask for further help or time. When the strike-out hearing came, she did not attend and gave no explanation.
Why the result matters
The tribunal struck out all claims because the claimant's conduct made a fair trial impossible. This outcome is a reminder that tribunals have powers to strike out claims where a party persistently fails to comply with orders. For anyone bringing a claim, especially without a lawyer, it is essential to take tribunal orders seriously and communicate any difficulties. Ignoring orders or refusing to provide required information can lead to the claim being dismissed before it is heard on its merits.
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