Claim struck out after former employee failed to comply with tribunal orders
A tribunal struck out a former employee's claims against Worker Bee UK Ltd after she failed to comply with multiple orders and did not actively pursue her case, making a fair hearing impossible.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #non-compliance-with-orders
- #failure-to-pursue-claim
- #inordinate-delay
- #no-fair-hearing-possible
Key facts
- The claimant failed to comply with multiple tribunal orders including providing a schedule of loss, medical evidence, and witness statements.
- The claimant did not actively pursue her claims after presenting them in June 2022.
- The respondent made several applications to strike out the claim due to non-compliance.
- The claimant provided a witness statement and disability impact statement on the first morning of the final hearing, which the tribunal found not credible.
- The tribunal concluded that a fair hearing was no longer possible within the allotted time.
Timeline
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Claim presented
The claimant presented her claim to the tribunal.
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Preliminary hearing
Employment Judge Armstrong held a preliminary hearing and ordered the claimant to provide a schedule of loss, medical evidence, and other documents by various deadlines.
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First strike-out application
The respondent applied to strike out the claim for failure to comply with orders and lack of active pursuit.
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Respondent's disclosure
The respondent provided disclosure of its documents to the claimant.
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Claimant's apology
The claimant apologised for delay and promised to comply within 5-7 working days.
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Second strike-out application
The respondent made a further application to strike out or for an unless order.
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Final hearing postponed
The final hearing listed for April 2023 was postponed due to the claimant's non-compliance.
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Claimant's alleged compliance
The claimant claimed to have sent documents to the respondent and tribunal, but no record was found.
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Postponement refused
Employment Judge Davies refused the respondent's application to postpone the hearing.
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Strike-out hearing
The tribunal heard the strike-out application and struck out all claims due to non-compliance and inability to have a fair hearing.
The legal issue
The tribunal had to decide whether the former employee's claims should be struck out for failing to follow tribunal orders and not actively pursuing the case, making a fair hearing impossible.
The outcome
The tribunal struck out all claims brought by the former employee against Worker Bee UK Ltd.
The key reason was that the claimant failed to comply with multiple tribunal orders, including providing a schedule of loss, medical evidence, and witness statements, and did not actively pursue her claims after presenting them in June 2022. The tribunal found that a fair hearing was no longer possible within the allotted time.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- If you bring a claim, you must comply with all tribunal orders and deadlines, or risk having your case struck out.
- Keep records of all documents you send to the tribunal and the other side, as the tribunal may not accept claims of sending if there is no proof.
- Actively pursue your claim and respond promptly to any applications from the other side to avoid being seen as not pursuing your case.
- If you are unable to meet a deadline, seek an extension from the tribunal before the deadline passes.
This case shows how failing to follow tribunal rules can lead to a claim being struck out entirely, regardless of its merits. The former employee presented her claim in June 2022, but over the following year she repeatedly missed deadlines set by the tribunal. Despite several warnings and opportunities to comply, she failed to provide key documents such as a schedule of loss, medical evidence, and witness statements on time.
What the losing side could have done differently
The claimant could have avoided the strike-out by complying with the tribunal's orders. When she realised she was struggling to meet deadlines, she could have asked the tribunal for more time before the deadlines passed. She also could have kept proof of sending documents, as the tribunal did not accept her claim that she had sent them on 28 May 2023 when no record was found.
Why this result matters
This case is a reminder that tribunals expect claimants to actively pursue their cases and follow procedural rules. Even if a claim has merit, persistent non-compliance can lead to it being struck out. For anyone considering bringing a claim, it is essential to take tribunal orders seriously and seek help if needed, such as from an advice service or a representative.
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