Claim struck out after failure to comply with unless order
A former employee's unfair dismissal claim against Firstport Property Services Ltd was struck out after they failed to provide disclosure despite an unless order. The tribunal also ordered them to pay £500 in costs.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #unless-order
- #costs-order
- #failure-to-disclose
Key facts
- The claimant failed to provide disclosure by the deadline of 5 May 2023.
- An unless order was issued on 10 July 2023 requiring compliance by 21 July 2023.
- The claimant did not comply with the unless order.
- The respondent applied to strike out the claims.
- The claims were struck out on 9 August 2023.
- A costs order of £500 was made against the claimant on 30 January 2024.
Timeline
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Directions issued
Employment Judge Burns issued directions requiring the claimant to provide disclosure by 5 May 2023.
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Disclosure deadline
The claimant failed to provide disclosure by this date.
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Respondent's application
The respondent applied for an unless order due to the claimant's non-compliance.
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Unless order issued
Employment Judge Burns issued an unless order requiring the claimant to comply by 21 July 2023 or face dismissal.
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Unless order deadline
The claimant failed to comply with the unless order.
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Respondent's further application
The respondent applied to dismiss the claims due to non-compliance.
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Strike out judgment
Employment Judge Burns struck out the claims against Firstport Property Services Ltd.
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Costs hearing
Employment Judge Nicolle held an open preliminary hearing and ordered the claimant to pay £500 in costs.
The legal issue
Whether the former employee's claims should be struck out for failing to comply with an unless order that required them to provide disclosure and cooperate in preparing a trial bundle.
The outcome
The tribunal struck out the former employee's unfair dismissal claim against Firstport Property Services Ltd because they failed to comply with an unless order. The unless order had given them a final deadline to provide disclosure and confirm which documents they wished to rely on, but they did not do so.
The tribunal also ordered the former employee to pay £500 in costs to the respondent. The costs were awarded because the former employee's conduct in failing to comply with the unless order was unreasonable.
Compensation breakdown:
- Costs order: £500
Lessons & takeaways
- Always comply with tribunal directions and unless orders, as failure to do so can result in your claim being struck out.
- If you are representing yourself, make sure you understand the deadlines and requirements set by the tribunal.
- If you are unable to meet a deadline, apply to the tribunal for an extension before the deadline passes.
- Unreasonable conduct, such as ignoring an unless order, can lead to a costs order against you.
This case shows how failing to follow tribunal directions can have serious consequences. The former employee had brought an unfair dismissal claim against Firstport Property Services Ltd, but after missing the initial disclosure deadline, they were given a final chance by an unless order. Despite this clear warning, they still did not provide the required documents or cooperate with the respondent.
The tribunal had no choice but to strike out the claim. The judge noted that there was no response from the former employee to the unless order or the respondent's application. This left the tribunal with no option but to conclude that the claim could not proceed.
What could have been done differently
The former employee could have avoided this outcome by simply complying with the directions. If they were struggling to gather documents, they could have contacted the tribunal to explain their situation and request more time. Ignoring the unless order entirely was the worst possible response.
Why this matters
This case is a reminder that employment tribunals expect parties to follow their directions. Unless orders are a last resort, and when they are issued, compliance is essential. For anyone bringing a claim, especially without a solicitor, it is crucial to keep track of deadlines and communicate with the tribunal if there are difficulties. Failure to do so can mean losing the chance to have your case heard at all.
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