Claim dismissed after failing to comply with Unless Order: a cautionary tale
A former employee's claims for constructive dismissal, disability discrimination and protected disclosure detriment were struck out after she failed to comply with an Unless Order requiring further details of her complaints.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented a claim for unfair constructive dismissal, disability discrimination, and protected disclosure detriment on 2 November 2021.
- A preliminary hearing was held on 27 September 2022, and case management orders were issued requiring the claimant to provide further details of her complaints, medical records, and an impact statement.
- The claimant failed to comply with the case management orders, leading to an Unless Order on 16 November 2022 requiring compliance by 15 January 2023.
- The claimant provided an impact statement and permission for medical records access on 14 January 2023 but did not provide the required further details of her complaints.
- The claim was dismissed on 6 February 2023 due to non-compliance with the Unless Order.
- The claimant applied to set aside the dismissal, but the application was refused on 15 June 2023.
Timeline
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Claim presented
Miss D Alexander presented a claim for unfair constructive dismissal, disability discrimination, and protected disclosure detriment.
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Respondent's response
ATL Fulfilment Limited responded, denying liability and disputing disability.
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Preliminary hearing
A preliminary hearing was held for case management. The claimant was ordered to provide further details of her complaints, medical records, and an impact statement within 42 days.
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Case management orders sent
The tribunal sent the case management orders to the parties, including a list of issues and deadlines.
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Respondent's application for Unless Order
The respondent's solicitors applied for an Unless Order due to the claimant's non-compliance.
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Unless Order issued
The tribunal issued an Unless Order requiring compliance by 15 January 2023, with dismissal as the penalty for non-compliance.
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Partial compliance
The claimant provided an impact statement and permission for medical records access but did not provide the required further details of her complaints.
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Claim dismissed
The tribunal dismissed the claim due to non-compliance with the Unless Order.
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Further details provided
The claimant's sister provided some of the required details about the complaints, but the tribunal found them insufficient.
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Application to set aside refused
Employment Judge Leach refused the claimant's application to set aside the dismissal, finding it not in the interests of justice.
The legal issue
Whether the claimant's application to set aside the dismissal of her claim for non-compliance with an Unless Order should be granted, considering the interests of justice and the overriding objective.
The outcome
The tribunal dismissed the claimant's application to set aside the earlier dismissal of her claim.
The claim had been struck out on 6 February 2023 because the claimant failed to comply fully with an Unless Order issued on 16 November 2022. The Unless Order required her to provide further details of her complaints, medical records, and an impact statement by 15 January 2023. She provided an impact statement and permission for medical records access but did not provide the required further details of her complaints.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Employment tribunal deadlines are strict — failing to comply with a case management order can lead to your claim being struck out.
- An Unless Order is a final warning: if you do not comply by the specified date, your claim will be automatically dismissed.
- If you are representing yourself, seek legal advice early and ask for extensions if needed — the tribunal may grant them if you have a good reason.
- Partial compliance is not enough — you must meet all the requirements of the order to avoid dismissal.
- Applying to set aside a dismissal is difficult; you must show it is in the interests of justice, which is a high bar.
This case shows how important it is to comply with tribunal orders, even when representing yourself. The claimant brought claims for constructive unfair dismissal, disability discrimination, and detriment for making protected disclosures. After a preliminary hearing, the tribunal issued case management orders requiring her to provide further details of her complaints, medical records, and an impact statement.
When she did not comply, the respondent applied for an Unless Order. The tribunal granted it, giving her until 15 January 2023 to comply — a period of two months that included Christmas and New Year. The order warned that failure would result in her claim being dismissed.
The claimant provided an impact statement and permission to access her medical records, but she did not provide the required further details of her complaints. The tribunal therefore dismissed her claim on 6 February 2023. She later applied to set aside that dismissal, but the tribunal refused.
What the losing side could have done differently
The claimant could have avoided dismissal by complying fully with the Unless Order. Even if she struggled to provide the details, she could have contacted the tribunal or the respondent to explain her difficulties and ask for more time. Instead, she provided only part of what was required, which was not enough.
Why this matters for similar claims
This case is a reminder that employment tribunals expect parties to follow orders strictly. Claimants who are self-represented should seek advice early and keep the tribunal informed of any problems. An Unless Order is a final chance — missing it means your claim is likely gone for good.
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