Constructive dismissal and discrimination claim struck out after claimant fails to attend hearing
A service controller's claims of constructive unfair dismissal and pregnancy/maternity discrimination were struck out after she failed to attend a preliminary hearing and did not comply with tribunal orders.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a service controller from May 2016 until her resignation on 29 September 2021.
- She brought claims of constructive unfair dismissal and direct pregnancy and maternity discrimination.
- The claimant did not attend the preliminary hearing on 2 March 2023 and had not complied with tribunal orders.
- The tribunal found the claims had no reasonable prospect of success and struck them out.
- The respondent had attempted informal mediation and an investigation following workplace complaints.
Timeline
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Employment started
Claimant began working for the respondent as a service controller.
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Maternity leave started
Claimant went on maternity leave in mid-January 2021.
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Return from maternity leave
Claimant returned to work in early June 2021.
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Workplace dispute
Complaints and counter-complaints between colleagues led to an informal mediation attempt.
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Resignation
Claimant resigned with immediate effect.
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Case management hearing
Regional Employment Judge Pirani ordered a preliminary hearing to consider strike-out or deposit.
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Preliminary hearing
Claimant did not attend; tribunal struck out claims for no reasonable prospects, non-compliance, and not actively pursued.
The legal issue
The tribunal had to decide whether to strike out the claimant's claims of constructive unfair dismissal and pregnancy/maternity discrimination due to lack of reasonable prospects, non-compliance with orders, or failure to actively pursue the case.
The outcome
The tribunal struck out all of the claimant's claims.
Key reasons:
- The claims had no reasonable prospect of success.
- The claimant failed to comply with tribunal orders, including providing a schedule of loss and agreeing a document bundle.
- The claimant did not attend the preliminary hearing and had not actively pursued the claims.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all orders and attend hearings, or risk having your case struck out.
- Constructive dismissal claims require you to show that your employer's conduct was so serious that you had no choice but to resign – this is a high bar.
- Pregnancy and maternity discrimination claims need clear evidence that the treatment was because of your pregnancy or maternity leave.
- If you are a litigant in person, seek advice early – failing to follow procedures can end your case before it is heard.
This case shows how quickly an employment tribunal claim can unravel when a claimant does not engage with the process. The service controller had resigned in September 2021, alleging that her employer's response to workplace complaints amounted to a fundamental breach of contract, making her constructive dismissal. She also claimed that this treatment was linked to her pregnancy and maternity leave.
What went wrong
The tribunal had ordered the claimant to provide a schedule of loss and agree a bundle of documents by specific deadlines. She did neither. When the preliminary hearing came around in March 2023, she did not attend and gave no explanation. The tribunal tried to contact her but received no response. This left the judge with little choice but to consider striking out the claims.
Why the claims were struck out
Employment Judge O'Rourke found that the claims had no reasonable prospect of success. On the constructive dismissal claim, the evidence suggested the employer had attempted mediation and investigation – actions that are unlikely to amount to a fundamental breach. The pregnancy and maternity discrimination claim also appeared weak, as the alleged treatment occurred after the claimant returned from leave and involved complaints from colleagues, not direct discrimination.
Additionally, the claimant's non-compliance with orders and failure to attend the hearing meant the claims were not being actively pursued. The judge applied the legal test for strike-out carefully, noting that even taking the claimant's case at its highest, it did not meet the threshold.
What this means for similar claims
This case is a reminder that bringing a claim is not enough – you must follow through. Tribunals expect parties to comply with directions and attend hearings. If you cannot attend, you must notify the tribunal in advance. Failing to do so can result in your case being struck out before it is heard on its merits. For anyone considering a constructive dismissal or discrimination claim, it is vital to gather strong evidence and seek legal advice early to assess whether your case has realistic prospects of success.
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