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.
1 min read · Last updated 18 May 2026
Key facts
- The claimant submitted an ET1 claim form on 19 January 2023.
- The claimant did not correspond with the Tribunal or respondent after submitting the claim.
- The claimant failed to comply with a case management order dated 15 June 2023.
- The claimant did not respond to a strike out warning dated 11 September 2023.
- The claimant did not attend the hearing on 14 September 2023.
- The Tribunal attempted to contact the claimant by phone but received no answer.
Timeline
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Claim submitted
The claimant submitted his ET1 claim form to the Employment Tribunal.
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Case management order
The Tribunal issued a case management order requiring the claimant to take steps to progress the claim.
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Further order sent
The Tribunal sent a case management order to the claimant asking him to confirm his intent to continue and warning of costs consequences.
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Strike out warning
The Tribunal gave the claimant an opportunity to make representations by 4pm on 13 September 2023 as to why the claim should not be struck out.
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Hearing and strike out
The claimant did not attend the hearing. The Tribunal struck out all claims and ordered the claimant to pay costs of £723.80.
The legal issue
The tribunal had to decide whether to strike out the claims due to the claimant's failure to comply with case management orders, lack of communication, and non-attendance at the final hearing.
The outcome
The tribunal struck out all claims — unfair dismissal, holiday pay, and unauthorised deduction from wages — under rule 37 of the Employment Tribunal Rules.
The key reasons were:
- The claimant did not comply with a case management order dated 15 June 2023.
- He did not respond to a strike-out warning letter sent on 11 September 2023.
- He had not contacted the tribunal or the respondent since submitting his claim in January 2023.
- He failed to attend the hearing on 14 September 2023.
Compensation:
- The claimant was ordered to pay costs of £723.80 to HFD Limited (counsel's fees and travel costs).
Lessons & takeaways
- If you bring a tribunal claim, you must engage with the process — respond to orders, attend hearings, and keep in touch with the tribunal and the other side.
- Ignoring tribunal correspondence and failing to attend a hearing can lead to your claim being struck out, even if it had merit.
- A costs order can be made against you if your conduct is unreasonable, including non-engagement — you may have to pay the other side's legal fees.
- Tribunals will attempt to contact you by phone on the hearing day, but if you don't answer, they can proceed in your absence.
What happens when a claimant goes silent
This case shows the risks of submitting an employment tribunal claim and then disengaging entirely. The former employee filed an ET1 on 19 January 2023, alleging unfair dismissal, holiday pay, and unauthorised deductions. After that, he stopped all communication — with the tribunal, with HFD Limited's solicitors, and with the court system.
Despite multiple attempts to engage him — a case management order in June, a further warning in July, a strike-out warning in September, and even phone calls on the morning of the hearing — the claimant did not respond or attend. The tribunal had no choice but to strike out the claims.
Why the result matters
The tribunal's decision under rule 37 highlights that claimants have a duty to actively pursue their cases. Non-compliance with orders, failure to respond to warnings, and non-attendance are grounds for strike-out. The tribunal also ordered the claimant to pay £723.80 in costs, covering the respondent's counsel fees and travel. This was despite the usual practice of considering ability to pay — but the claimant had not provided any information about his finances.
For anyone considering a tribunal claim, the message is clear: once you start the process, you must follow through. Silence will not make the case go away — it will simply lead to it being dismissed, and you may end up paying the other side's costs.
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