Claims struck out after claimant failed to attend hearing and provide particulars
A former employee's claims of unfair dismissal and victimisation against Imperial College Healthcare NHS Trust were struck out after she failed to attend a case management hearing and ignored orders to provide further particulars.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented a claim on 20 October 2021 alleging victimisation and direct religion/belief discrimination.
- The claimant failed to attend a case management hearing on 16 June 2022 due to a stomach ache and lack of electricity.
- The claimant failed to provide further particulars as ordered by Employment Judge Joffe by 7 July 2022.
- Employment Judge Burns struck out parts of the claim on 4 August 2022 for non-compliance.
- At the final hearing on 4-6 January 2023, the tribunal dismissed the remaining claims of victimisation and unfair dismissal.
Timeline
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Claim presented
The claimant presented an ET1 with vague allegations of victimisation and direct religion/belief discrimination.
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Respondent requests further particulars
The respondent filed a grounds of resistance requesting further particulars from the claimant, which she ignored.
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Case management hearing
The claimant did not attend the hearing due to a stomach ache and lack of electricity. Employment Judge Joffe issued a strike-out warning and ordered further particulars by 7 July 2022.
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Claimant emails tribunal
The claimant emailed the tribunal citing ill health as the reason for non-attendance and asked to provide further particulars in her preferred format.
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Judge Joffe responds
Employment Judge Joffe invited the claimant to provide a fuller explanation and directed her to provide further particulars in response to the respondent's questions.
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Claimant provides explanation
The claimant provided a fuller explanation, mentioning for the first time the lack of electricity and mobile phone charge.
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Strike-out hearing
Employment Judge Burns struck out parts of the claim for non-compliance, allowing only the unfair dismissal claim and limited victimisation claim to proceed.
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Final hearing begins
The final hearing took place over three days via CVP.
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Judgment given
The tribunal dismissed both the victimisation and unfair dismissal claims.
The legal issue
The tribunal had to decide whether the claimant's failure to attend a case management hearing and provide further particulars justified striking out parts of her claim, and whether her remaining claims of unfair dismissal and victimisation were well founded.
The outcome
The tribunal struck out parts of the claim for non-compliance and dismissed the remaining claims of unfair dismissal and victimisation.
- The claimant failed to attend a case management hearing on 16 June 2022, citing a stomach ache and lack of electricity.
- She also failed to provide further particulars as ordered by the tribunal by 7 July 2022.
- The tribunal found her excuses inadequate and struck out parts of the claim on 4 August 2022.
- At the final hearing in January 2023, the tribunal dismissed the remaining claims.
No compensation was awarded.
Lessons & takeaways
- Attend all tribunal hearings or provide a compelling reason for absence with evidence.
- Comply with tribunal orders to provide further particulars promptly, or risk having your claim struck out.
- Ensure you have reliable communication methods (e.g., charged phone, electricity) before a hearing.
- If you cannot attend a hearing, contact the tribunal as soon as possible to explain.
A case of non-compliance
This case shows how failing to engage with tribunal procedures can be fatal to a claim. The former employee brought claims of unfair dismissal and victimisation against Imperial College Healthcare NHS Trust, but her case unravelled when she missed a case management hearing and ignored orders to provide further details.
The tribunal accepted that she had a stomach ache and no electricity on the day of the hearing, but found these were inadequate excuses. She had not sought medical help, and the tribunal noted that a stomach ache should not prevent a short video appearance. She also failed to ensure she had a charged phone or other means to contact the tribunal.
What the trust did differently
The respondent, Imperial College Healthcare NHS Trust, followed proper procedure by requesting further particulars early on and flagging the claimant's non-compliance. The tribunal's strike-out warning gave the claimant a chance to put things right, but she did not take it. The trust's counsel was able to point to the prejudice and costs caused by the claimant's failures.
Why this matters
For anyone bringing a tribunal claim, this case is a reminder that the tribunal expects you to engage with the process. Missing hearings and ignoring orders can lead to your claim being struck out, even if the underlying allegations are serious. The tribunal has discretion to strike out claims where there is a failure to comply with orders or to attend hearings without good reason.
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