Unfair dismissal claim struck out for lack of service and failure to pursue
A former employee who brought an unfair dismissal claim with less than two years' service had the claim struck out after failing to comply with tribunal orders or respond to warnings.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant failed to comply with case management orders made on 9 April 2021.
- The claimant did not actively pursue the claim after the preliminary hearing.
- The claimant did not respond to strike out warnings or the costs application.
- The respondent incurred £4,275.50 in costs, but the tribunal awarded £2,200.
Timeline
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Claim issued
The claimant issued a claim for unfair dismissal and race discrimination.
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Preliminary hearing
Employment Judge Butler held a preliminary hearing, issued case management orders, and gave a strike out warning for the unfair dismissal claim.
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Respondent applied to strike out
The respondent applied to strike out the claim or for an unless order.
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Respondent renewed strike out request
The respondent sent further correspondence requesting strike out due to no communication from the claimant.
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Strike out warning sent
The Tribunal sent a strike out warning to the claimant, who did not respond.
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Claim struck out
Employment Judge Meichen struck out the claim due to non-compliance and lack of pursuit.
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Costs application
The respondent applied for costs of £4,275.50.
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Tribunal invited representations
The Tribunal wrote to the parties inviting representations on costs; the claimant did not respond.
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Costs order made
Employment Judge Meichen ordered the claimant to pay £2,200 in costs.
The legal issue
The tribunal had to decide whether to strike out the unfair dismissal claim because the employee lacked the required two years' service and had failed to comply with orders or pursue the claim.
The outcome
The tribunal struck out the unfair dismissal claim and ordered the former employee to pay £2,200 in costs.
- The claim was struck out due to lack of jurisdiction (less than two years' service) and failure to comply with orders.
- The employee did not respond to strike out warnings or the costs application.
- The respondent incurred £4,275.50 in costs; the tribunal awarded £2,200.
Lessons & takeaways
- You generally need two years' continuous service to bring an unfair dismissal claim, unless an exception applies.
- If you decide not to pursue a claim, formally withdraw it to avoid a costs order.
- Ignoring tribunal orders and correspondence can lead to your claim being struck out and you being ordered to pay the other side's costs.
- Tribunals can award costs against a party who acts unreasonably, including by failing to comply with orders or not pursuing a claim.
This case shows what can happen when an employee brings a claim without meeting the basic legal requirements and then fails to engage with the tribunal process. The former employee had worked for Malvern Tyres (Wholesale) Limited for less than two years, which meant they did not have the right to claim unfair dismissal. Despite this, they issued a claim and attended a preliminary hearing where they were warned about the service requirement and given orders to provide further information.
After that hearing, the employee did nothing. They did not comply with any of the tribunal's orders, did not respond to correspondence from the respondent or the tribunal, and did not formally withdraw the claim. The respondent applied to strike out the claim, and the tribunal gave the employee a final chance to explain why it should not be struck out. The employee did not respond.
What the losing side could have done differently
The employee could have avoided the costs order by withdrawing the claim as soon as they realised they lacked the necessary service. Alternatively, they could have responded to the tribunal's orders and explained their position. By ignoring the proceedings, they acted unreasonably and caused the respondent to incur unnecessary legal costs.
Why this matters
This case is a reminder that employment tribunals expect parties to engage with the process. If you bring a claim, you must comply with orders and communicate with the tribunal and the other side. If you decide not to continue, formally withdraw. Failing to do so can result in your claim being struck out and a costs order being made against you, even if you are a litigant in person.
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