Disability discrimination claim struck out for failing to follow tribunal orders

A cautionary tale about tribunal deadlines

This case shows how failing to follow a tribunal's instructions can derail a discrimination claim, even if the underlying complaint has merit. The former employee brought claims for race, age, and disability discrimination, as well as whistleblowing detriment. But her disability claim was struck out before it could be heard on its merits.

The tribunal had ordered her to provide specific details about her disability, including medical records, by 27 April 2022. She did not comply. Even after a strike-out warning letter in June, she only sent a brief email explaining delays due to her representative's withdrawal and cataract surgery — but still no information. By the time of the hearing in December, she had started an impact statement and provided some medical evidence, but it was too late.

What the respondent did right

Sodexo Limited's solicitors acted promptly, writing to the tribunal twice to request an 'unless order' and then seeking confirmation of strike-out. They followed the correct procedural steps, which made it difficult for the claimant to argue unfairness.

What the claimant could have done differently

The claimant's health problems and loss of representation were genuine difficulties, but the tribunal noted she could have asked for more time before the deadline expired. Instead, she waited months before engaging. By then, the tribunal had lost patience. The lesson is clear: if you are struggling to comply, tell the tribunal early and ask for help — don't wait for a strike-out warning.

Why this matters

Employment tribunals expect parties to take orders seriously. While they can grant relief from sanction, they will not do so if the non-compliance is prolonged and unexplained. This case is a reminder that procedural rules are not optional, and ignoring them can cost you your claim — regardless of its strength.