Former employee's claims struck out after failing to comply with tribunal orders
A former employee's race and age discrimination claims were automatically dismissed after she failed to comply with an Unless Order, and her remaining claims were struck out for non-compliance and lack of active pursuit.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant failed to comply with an Unless Order to particularise her race and age discrimination claims by 23 June 2022.
- The claimant's response on 23 June 2022 was a 'stream of consciousness' that did not provide the required particulars.
- The claimant failed to comply with a further Unless Order to provide further information about her constructive dismissal and unpaid wages claims by 26 July 2022.
- The claimant did not show cause why her claims should not be struck out for non-compliance and lack of active pursuit.
- All claims were struck out due to non-compliance with tribunal orders.
Timeline
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Unless Order by EJ Postle
EJ Postle ordered the claimant to particularise her race and age discrimination claims by 30 March 2022, failing which an Unless Order would issue.
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Unless Order issued
EJ Postle issued an Unless Order giving the claimant until 23 June 2022 to comply, or her race and age discrimination claims would be automatically dismissed.
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Claimant's response
The claimant sent an email described as a 'stream of consciousness' that did not provide the required particulars.
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Preliminary Hearing
Employment Judge R S Drake held a hearing. The claimant did not attend. The judge found the claimant had not complied with the Unless Order, so the race and age discrimination claims were automatically dismissed. The judge also made a further Unless Order for the claimant to provide further information about her constructive dismissal and unpaid wages claims by 26 July 2022, and to show cause why the claims should not be struck out.
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Deadline for compliance
The claimant failed to comply with the Unless Order made on 5 July 2022.
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Judgment issued
Employment Judge R S Drake struck out all remaining claims for non-compliance with orders and lack of active pursuit.
The legal issue
The tribunal had to decide whether the claimant's claims should be struck out for failing to comply with Unless Orders and for not actively pursuing her case.
The outcome
The tribunal struck out all of the former employee's claims against Mr Anthony Goodrich and Openmart Ltd.
- The race and age discrimination claims were automatically dismissed because the claimant's response to an Unless Order was a 'stream of consciousness' that did not provide the required particulars.
- The constructive dismissal and unpaid wages claims were struck out because the claimant failed to comply with a further Unless Order and did not show cause why they should not be struck out.
- No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- If you receive an Unless Order from a tribunal, you must comply exactly with what it requires, or your claim may be automatically dismissed.
- Providing a vague or narrative response to a request for particulars is unlikely to satisfy a tribunal order, especially if you are asked for specific details like dates and comparators.
- Attending hearings and responding to tribunal orders in a timely manner is essential to keep your claim alive; failing to do so can result in your entire case being struck out.
- If you are representing yourself, seek advice or use tribunal guidance to understand what is expected when you are ordered to provide further information.
This case shows how failing to follow tribunal procedures can derail a claim, regardless of its merits. The former employee had brought claims for race and age discrimination, constructive dismissal, and unpaid wages against Mr Anthony Goodrich and Openmart Ltd. However, she did not comply with orders requiring her to provide specific details about her discrimination claims.
When the tribunal issued an Unless Order giving her a final deadline, her response was described as a 'stream of consciousness' that did not give the particulars required. As a result, the discrimination claims were automatically dismissed. She then failed to comply with a further order to provide information about her other claims and to explain why they should not be struck out.
The tribunal had little choice but to strike out all remaining claims. The judge noted that the claimant had not actively pursued her case and had not responded to the orders. This outcome highlights that tribunals expect claimants to engage with the process and follow directions, especially when given clear warnings.
For anyone considering an employment tribunal claim, this case is a reminder that procedural compliance is just as important as the strength of your case. If you are representing yourself, it is vital to read orders carefully and seek help if you are unsure what is required. Ignoring or giving incomplete responses to tribunal orders can lead to your claim being dismissed without any consideration of the underlying issues.
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