Claim dismissed after failing to comply with unless order: a procedural lesson
An employment tribunal dismissed a former employee's unfair dismissal claim against Asda Stores Ltd after he failed to comply with an unless order by the specified date. The tribunal also refused relief from sanctions, finding it not in the interests of justice to reinstate the claim.
1 min read · Last updated 18 May 2026
Case details
- #unless-order
- #strike-out
- #relief-from-sanctions
- #reconsideration-refused
Key facts
- The claimant did not comply with an unless order by the specified date of 3 May 2022.
- The unless order was made on 11 April 2022 and sent to the parties on 19 April 2022.
- The claimant made an oral application for relief from sanctions at the hearing on 16 August 2022.
- The Tribunal refused relief from sanctions, finding it not in the interests of justice to set aside the unless order.
- The claimant applied for reconsideration on 5 September 2022, which was refused on 22 September 2022.
Timeline
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Unless order made
The Tribunal made an unless order requiring the claimant to comply with a previous order by 3 May 2022.
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Unless order sent to parties
The unless order was sent to the parties.
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Deadline for compliance
The claimant was required to comply with the unless order by this date.
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Preliminary hearing and judgment
The Tribunal held a hearing by video conference. The claim was dismissed under rule 38(1) for non-compliance with the unless order. An oral application for relief from sanctions was refused.
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Judgment sent to parties
The written judgment was sent to the parties.
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Reconsideration application
The claimant applied for reconsideration of the judgment.
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Application referred to judge
The reconsideration application was referred to Judge Brian Doyle.
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Reconsideration refused
The judge considered the application in chambers and refused it, confirming the original judgment.
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Reconsideration judgment sent
The reconsideration judgment was sent to the parties.
The legal issue
The tribunal had to decide whether to dismiss the claim for non-compliance with an unless order, and whether to grant relief from sanctions to allow the claim to proceed.
The outcome
The tribunal dismissed the claim entirely for non-compliance with an unless order. The former employee had failed to provide required information by the 3 May 2022 deadline. An oral application for relief from sanctions was refused, and a subsequent reconsideration application was also refused. No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Always comply with tribunal orders by the specified deadlines, especially unless orders which carry the threat of dismissal.
- If you miss a deadline, apply for relief from sanctions promptly and in writing, explaining the reasons for the delay.
- A misunderstanding of what is required is unlikely to excuse non-compliance if the order was clear.
What this case shows in practice
This case is a stark reminder that employment tribunals take procedural compliance seriously. The former employee's unfair dismissal claim against Asda Stores Ltd was struck out simply because he missed a deadline to provide information required by an unless order. The tribunal made clear that the order was clear and the deadline was unambiguous.
What the losing side could have done differently
The former employee could have complied with the unless order by the 3 May 2022 deadline, or applied for an extension before the deadline. After missing the deadline, he could have made a written application for relief from sanctions with full reasons. Instead, he only made an oral application at the hearing, which the tribunal found insufficient.
Why the result matters for similar claims
This decision underscores that tribunals will enforce their own orders to maintain efficiency and fairness. Claimants who fail to comply with procedural directions risk having their entire claim dismissed, regardless of its merits. The case also shows that relief from sanctions is not automatic—claimants must demonstrate that it is in the interests of justice to reinstate the claim.
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