Former employee's unfair dismissal claim struck out for non-compliance, ordered to pay costs
A former employee who failed to comply with tribunal orders and did not pursue her unfair dismissal claim had it struck out. She was later ordered to pay £1,374.80 in preparation time costs.
1 min read · Last updated 18 May 2026
Key facts
- The claimant failed to comply with Tribunal orders.
- The claimant did not actively pursue her claim.
- A fair hearing was no longer possible due to the claimant's inaction.
- The respondent applied for a preparation time order on 5 May 2023.
- The claimant did not respond to any communications from the Tribunal or the respondent.
Timeline
-
Claimant started new job
The claimant started a new job earning £1,000 per month.
-
Claim struck out
The claimant's unfair dismissal claim was struck out due to non-compliance with Tribunal orders, failure to pursue the claim, and impossibility of a fair hearing.
-
Respondent applied for costs
The respondent applied for a preparation time order.
-
Respondent chased application
The respondent emailed the Tribunal for an update on their costs application.
-
Telephone conversation with Tribunal
The respondent was told of a backlog and that the Tribunal would deal with the application within a few days.
-
Respondent requested update
The respondent requested an update from the Tribunal.
-
Respondent requested update again
The respondent once again requested an update.
-
Tribunal emailed claimant
The Tribunal emailed the claimant asking for representations by 21 September 2023. No response.
-
Respondent emailed Tribunal
The respondent emailed the Tribunal for an update, copying the claimant. No response.
-
Costs judgment
The Tribunal ordered the claimant to pay £1,374.80 in preparation time costs.
The legal issue
The tribunal had to decide whether to strike out the unfair dismissal claim due to the claimant's non-compliance with orders and failure to pursue it, and whether to make a preparation time order for costs.
The outcome
The tribunal struck out the claimant's unfair dismissal claim because she failed to comply with orders, did not actively pursue the claim, and a fair hearing was no longer possible.
The tribunal also ordered the claimant to pay £1,374.80 in preparation time costs, finding that she had acted vexatiously and unreasonably by bringing a claim she did not engage with.
- Preparation time costs: £1,374.80
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all orders and actively pursue your case, or it may be struck out.
- Failing to respond to tribunal communications can lead to a costs order against you, even if you are a litigant in person.
- Tribunals can order costs for unreasonable conduct, including bringing a claim and then not engaging with the process.
This case shows the consequences of bringing an employment tribunal claim and then failing to engage with the process. The former employee started an unfair dismissal claim against Marian Langford T/A Towyn Capel Residential Home but did not comply with tribunal orders, respond to communications, or actively pursue the claim. The tribunal struck out the claim in April 2023, ruling that a fair hearing was no longer possible.
The respondent then applied for a preparation time order to recover costs incurred due to the claimant's inaction. Despite multiple attempts by the tribunal and the respondent to contact the claimant, she did not respond. In October 2023, the tribunal ordered the claimant to pay £1,374.80 in costs, finding that she had acted vexatiously and unreasonably.
What the respondent did right
The respondent kept detailed records of time spent on the case and chased the tribunal for updates on their costs application. They provided a clear breakdown of 32 hours and 36 minutes of preparation time, which the tribunal found reasonable.
Why this matters
This case is a reminder that tribunals expect claimants to engage with the process. Non-compliance can lead to strike-out and costs orders. For respondents, it shows the importance of documenting time and pursuing costs applications promptly.
Similar cases
Claim struck out after claimant stopped engaging with tribunal and employer
A former employee who submitted an unfair dismissal claim and then cut all contact has had his case struck out and been ordered to pay £723.80 in costs.
Former employee's claim struck out after misleading tribunal and ignoring orders
A tribunal has struck out a former employee's unfair dismissal claim after he deliberately misled the tribunal about a medical appointment and failed to comply with case management orders.
Car mechanic's unfair dismissal claim struck out after failing to comply with tribunal orders
A car mechanic who claimed unfair dismissal and redundancy pay had his case struck out after he failed to comply with a tribunal order and ignored a strike-out warning. The tribunal decided the claim should be dismissed due to non-compliance.
Less than two years' service: unfair dismissal claim struck out, costs order for leaving hearing
A former employee who worked for less than two years had his unfair dismissal claim struck out for lack of jurisdiction. His separate claim for unpaid wages was dismissed as unfounded, and he was ordered to pay £1,000 in costs after leaving the hearing early.