Claims struck out for lack of service and failure to comply with tribunal orders
A former employee's unfair dismissal and other claims were struck out after the tribunal found he lacked the two-year qualifying service and failed to comply with orders or attend hearings.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #non-compliance
- #failure-to-attend
- #no-qualifying-service
Key facts
- The claimant did not have the qualifying two years' service for an unfair dismissal claim.
- The claimant failed to respond to a strike out warning regarding the unfair dismissal claim.
- The claimant failed to attend a hearing on 27 February 2023.
- The claimant did not comply with a Tribunal order to provide medical evidence and an explanation for non-attendance.
- The claimant's application for reconsideration was refused.
Timeline
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Strike out warning for unfair dismissal claim
The Tribunal gave the claimant an opportunity to show why the unfair dismissal claim should not be struck out due to lack of qualifying service.
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Unfair dismissal claim struck out
Employment Judge Tsamados struck out the unfair dismissal claim because the claimant had less than two years' service and failed to make representations.
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Strike out warning for remaining claims
The Tribunal gave the claimant an opportunity to show why the remaining claims should not be struck out for non-compliance and lack of active pursuit.
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Claimant failed to attend hearing
The claimant did not attend a hearing and was ordered by Employment Judge Webster to provide medical evidence and an explanation by 1 March 2023.
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Claimant sent email explanation
The claimant emailed explaining he had a hospital appointment and could not use video on public transport, but did not provide medical evidence.
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Remaining claims struck out
Employment Judge Rice-Birchall struck out the remaining claims for non-compliance and lack of active pursuit.
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Claimant applied for reconsideration
The claimant's correspondence dated 4 July 2023 was treated as an application for reconsideration.
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Reconsideration refused
Employment Judge Rice-Birchall refused the reconsideration application, finding no reasonable prospect of the original decision being varied.
The legal issue
Whether the claimant's claims should be struck out because he did not have the required two years' service for an unfair dismissal claim, and because he failed to comply with tribunal orders and did not actively pursue his remaining claims.
The outcome
The tribunal struck out all of the former employee's claims.
- The unfair dismissal claim was struck out because the claimant had less than two years' service, which is the minimum qualifying period for most unfair dismissal claims, and he did not respond to the tribunal's warning.
- The remaining claims were struck out because the claimant failed to comply with a tribunal order to provide medical evidence and an explanation for missing a hearing, and he did not actively pursue his claim.
- The claimant's application for reconsideration was refused, as there was no reasonable prospect of the original decision being changed.
Lessons & takeaways
- Check the qualifying period: you generally need two years' continuous service to bring an unfair dismissal claim, unless an exception applies.
- Respond to tribunal warnings promptly: failure to respond can result in your claim being struck out without a hearing.
- Comply with tribunal orders: if you are ordered to provide evidence or an explanation, do so by the deadline and in the required format.
- Attend hearings or provide a valid reason: if you cannot attend, inform the tribunal in advance and provide supporting evidence, such as a medical certificate.
This case shows how quickly an employment tribunal claim can unravel if the claimant does not meet basic procedural requirements. The former employee brought an unfair dismissal claim against Ontrak Recruitment and Training, but the tribunal struck it out because he had less than two years' service — the minimum qualifying period for most unfair dismissal claims. He was given a chance to argue why the claim should not be struck out but did not respond.
What went wrong
The claimant's remaining claims also failed. He missed a hearing and was ordered to provide medical evidence and an explanation. He sent an email saying he had a hospital appointment and could not use video on public transport, but he did not provide any medical proof and missed the deadline. The tribunal treated this as non-compliance and struck out the claims for that reason, and because the claim had not been actively pursued.
What the tribunal decided
The tribunal found that the claimant had no reasonable prospect of success on the unfair dismissal claim due to lack of qualifying service. For the other claims, his failure to comply with orders and to attend hearings meant it was not in the interests of justice to let them continue. The reconsideration application was also refused because the claimant did not provide a good reason to change the original decision.
Why this matters
For anyone considering an employment tribunal claim, this case is a reminder that procedural rules matter as much as the strength of your case. Missing deadlines, ignoring tribunal orders, or failing to attend hearings can lead to your claim being struck out entirely, regardless of its merits. It also highlights the importance of understanding the qualifying period for unfair dismissal — if you have less than two years' service, you may need to rely on an automatic unfair dismissal ground or a different type of claim.
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