Claims dismissed: what happens when you ignore tribunal orders
Two former employees had their unfair dismissal claims automatically struck out after failing to comply with an Unless Order. The tribunal refused reconsideration, and the claims were ultimately dismissed.
1 min read · Last updated 18 May 2026
Key facts
- The claimants failed to attend a hearing on 21 September 2022.
- Employment Judge Robinson made an Unless Order on 21 September 2022 requiring compliance by 21 October 2022.
- The claimants did not comply with the Unless Order.
- The claims were automatically dismissed on 21 October 2022 due to non-compliance.
- The first claimant's request for reconsideration was refused on 3 January 2023.
- The claims were struck out on 12 September 2023 for failure to comply with a further order.
Timeline
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First Tribunal order
The Tribunal issued letters and orders to the claimants, which they failed to comply with.
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Second Tribunal order
Further orders were issued, but the claimants did not comply.
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Third Tribunal order
Another order was issued, still not complied with.
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Unless Order made
Employment Judge Robinson made an Unless Order requiring the claimants to provide explanations and evidence by 21 October 2022, or the claims would be dismissed.
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Deadline for compliance
The claimants failed to comply with the Unless Order, so the claims were automatically dismissed.
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Final hearing (claimants absent)
The final hearing was held; neither claimant attended. The first claimant said she had no internet access.
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Reconsideration refused
Employment Judge Wright refused the first claimant's request for reconsideration, noting the claims were already struck out.
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Opportunity to show cause
The Tribunal gave the claimant an opportunity to make representations why the claim should not be struck out for non-compliance with the order of 3 January 2023.
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Strike out order
Employment Judge McLaren struck out the claims due to the claimant's failure to respond to the 23 May 2023 direction.
The legal issue
The tribunal had to decide whether the claims should be dismissed due to the claimants' failure to comply with an Unless Order and subsequent orders, and whether the first claimant's request for reconsideration should be granted.
The outcome
The tribunal dismissed the claims automatically on 21 October 2022 after the former employees failed to comply with an Unless Order made on 21 September 2022. The order required them to explain their non-attendance at a previous hearing, justify non-compliance with earlier orders, show they had two years' continuous service, and provide details of their claims. The first claimant's request for reconsideration was refused on 3 January 2023, and the claims were struck out on 12 September 2023 for failure to comply with a further direction. No compensation was awarded.
Lessons & takeaways
- Always comply with tribunal orders and deadlines, especially Unless Orders, which carry an automatic sanction of dismissal if ignored.
- If you cannot attend a hearing, inform the tribunal as soon as possible and provide reasons, ideally with medical evidence if health-related.
- Unrepresented claimants are expected to follow the same rules as represented parties; lack of internet access is not a valid excuse if telephone attendance is possible.
- A request for reconsideration will not succeed if the underlying claim has already been struck out by an Unless Order.
This case shows the serious consequences of failing to engage with the employment tribunal process. Two former employees brought unfair dismissal claims against London Borough of Lambeth Council, but their claims were dismissed before they could be heard on their merits. The tribunal had issued multiple orders requiring the claimants to provide basic information about their case, but they did not comply. When they also failed to attend a hearing, the tribunal made an Unless Order — a final warning that the claims would be automatically struck out if they did not respond by a set date. The claimants missed that deadline too.
What the losing side could have done differently
The claimants could have avoided dismissal by simply responding to the tribunal's orders. Even a brief explanation of their non-attendance or a request for more time would have been better than silence. The first claimant later said she had no internet access on the hearing day, but the tribunal noted that telephone attendance was possible. If they had genuine difficulties, they should have contacted the tribunal in advance. Ignoring orders is rarely a successful strategy.
Why this result matters for similar claims
This case is a reminder that employment tribunals expect parties to follow directions, whether or not they have a lawyer. Unless Orders are a powerful tool to enforce compliance, and tribunals will not hesitate to strike out claims if they are ignored. For anyone considering an employment claim, the key lesson is to engage with the process from the start — respond to every order, attend hearings, and seek advice if you are struggling. Failing to do so can end your case before it even begins.
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