Office Manager's constructive dismissal claim struck out for failing to comply with tribunal orders
A tribunal struck out an office manager's constructive dismissal claim against Astrea Academy Trust after she failed to provide additional information or a schedule of loss, and did not attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #non-compliance-with-orders
- #failure-to-pursue-claim
- #strike-out
- #constructive-dismissal
- #bullying-allegations
Key facts
- Claimant started work as Office Manager on 1 October 2017.
- Claimant resigned on 20 January 2023, effective 19 February 2023.
- Claimant alleged bullying by head teacher and constructive dismissal.
- Claimant failed to provide additional information and schedule of loss as ordered.
- Claimant did not attend the hearing and did not respond to tribunal communications.
- Tribunal found non-compliance intentional and contumelious.
Timeline
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Employment started
Claimant began work as Office Manager at Intake Primary School.
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Resignation requested
Claimant alleges head teacher asked for her resignation.
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Resignation submitted
Claimant resigned with notice.
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Acas Early Conciliation started
Acas Early Conciliation took place between 20 and 23 January 2023.
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Employment ended
Claimant's employment formally ended.
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Claim form issued
Claimant issued claim for unfair dismissal.
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Notice of claim sent
Notice sent to respondent with standard case management directions.
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Schedule of loss deadline
Claimant required to provide schedule of loss by this date; failed to comply.
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Order for additional information
Employment Judge Lancaster ordered claimant to provide further particulars by 5 May 2023.
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Strike-out application
Respondent applied to strike out claim due to non-compliance.
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Final order to respond
Tribunal ordered claimant to reply by return; no response received.
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Hearing changed to in-person
Hearing converted to in-person to consider strike-out application.
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Strike-out hearing and judgment
Claimant did not attend; claim struck out for non-compliance and failure to pursue.
The legal issue
The tribunal had to decide whether to strike out the claim for non-compliance with tribunal orders and failure to actively pursue the claim, after the claimant repeatedly ignored deadlines and did not attend the hearing.
The outcome
The tribunal struck out the claim in its entirety.
- The claimant failed to provide additional information about alleged bullying by the head teacher, as ordered by Employment Judge Lancaster on 25 April 2023.
- She also failed to provide a schedule of loss by the deadline of 21 April 2023.
- Despite a final order on 22 May 2023 to respond, no reply was received, and she did not attend the strike-out hearing on 30 June 2023.
- The tribunal found the non-compliance was intentional and contumelious, and that the claim was not being actively pursued.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you bring a claim, you must comply with all tribunal orders and deadlines, or risk having your claim struck out.
- Ignoring tribunal communications and failing to attend hearings will almost certainly result in your claim being dismissed.
- Providing a schedule of loss and further particulars when ordered is essential to allow the respondent to defend the claim and the tribunal to manage the case.
- If you are representing yourself, it is especially important to stay on top of deadlines and respond promptly to tribunal requests.
What this case shows
This case illustrates the serious consequences of failing to engage with the tribunal process. The claimant, an office manager with five years' service, alleged she was bullied by the head teacher and constructively dismissed. However, after issuing her claim, she failed to provide the additional information ordered by the tribunal, did not submit a schedule of loss, and stopped responding to communications. When the respondent applied to strike out the claim, the claimant did not attend the hearing.
What the respondent did differently
Astrea Academy Trust followed the correct procedures: they requested further particulars to understand the claim, applied for a strike-out when the claimant failed to comply, and attended the hearing with legal representation. The tribunal noted that the claimant had received all correspondence at her address and had not notified any change.
Why the result matters
This outcome reinforces that tribunals expect claimants to actively pursue their claims and comply with orders. Non-compliance that is intentional and contumelious—meaning deliberate and with disregard for the process—will lead to strike-out, regardless of the merits of the underlying claim. For anyone considering an employment tribunal claim, this case is a reminder that the process requires active participation from start to finish.
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