Employee's claim struck out after ignoring tribunal orders and failing to attend hearing
A former employee's unfair dismissal and disability discrimination claims have been struck out after they failed to comply with an unless order and did not attend a case management hearing. No compensation was awarded.
1 min read · Last updated 18 May 2026
Key facts
- The claimant failed to comply with directions including providing a disability impact statement and medical evidence.
- An unless order was issued on 16 June 2022 requiring compliance by 30 June 2022.
- The claimant did not comply with the unless order.
- Neither party attended the hearing on 8 July 2022.
- The claimant did not respond to a subsequent opportunity to show cause why the claim should not be struck out.
Timeline
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Directions hearing
Employment Judge Richardson gave directions for the claimant to provide a disability impact statement and medical evidence.
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Unless order issued
Employment Judge Livesey issued an unless order requiring compliance by 30 June 2022, failing which the disability discrimination claim would be struck out.
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Case management hearing
A telephone case management preliminary hearing was listed to check compliance. Neither party attended. The disability discrimination claim was struck out for non-compliance with the unless order.
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Opportunity to show cause
The tribunal sent a letter giving the claimant an opportunity to make representations why the remaining claims should not be struck out for lack of active pursuit.
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Strike out judgment
Employment Judge Roper struck out the entire claim because the claimant failed to respond to the 14 July letter.
The legal issue
The tribunal had to decide whether to strike out the former employee's claims for failing to comply with procedural directions and for not actively pursuing the case.
The outcome
The tribunal struck out all claims against Teleperformance Limited.
- The former employee failed to provide a disability impact statement or medical evidence as directed.
- An unless order was issued, giving a final deadline of 30 June 2022, which was not met.
- Neither party attended the 8 July 2022 hearing, and the employee did not respond to a letter asking why the remaining claims should not be struck out.
- No compensation was awarded as the claim was dismissed in its entirety.
Lessons & takeaways
- Always comply with tribunal directions and unless orders, or your claim may be struck out without a hearing on the merits.
- If you cannot attend a hearing, inform the tribunal in advance and explain why.
- Respond promptly to any tribunal correspondence, especially letters giving you a chance to show cause why your claim should not be struck out.
- Seek legal advice or support if you are struggling to comply with procedural requirements — tribunals may be more lenient if you communicate difficulties.
This case shows how failing to engage with tribunal procedures can lead to a claim being struck out, regardless of its underlying merits. The former employee brought claims for unfair dismissal, disability discrimination, unlawful deductions, wrongful dismissal, and unpaid holiday pay against Teleperformance Limited. However, they did not provide a disability impact statement or medical evidence as directed, and did not comply with an unless order that gave a final deadline.
What went wrong
The tribunal gave multiple opportunities to comply. After the unless order was ignored, a hearing was listed to check compliance — but neither party attended. The tribunal then wrote to the former employee asking why the remaining claims should not be struck out for lack of active pursuit. No response was received, leading to the final strike-out.
What could have been done differently
The former employee could have complied with the original directions, or at least contacted the tribunal to explain any difficulties. If they had attended the hearing or responded to the final letter, the tribunal might have given more time or listed a further hearing. Instead, silence was interpreted as abandonment of the claim.
Why this matters
Tribunals expect claimants to pursue their cases actively. Ignoring orders and failing to communicate can result in a strike-out, even if the claim has merit. This case is a reminder that procedural compliance is just as important as the strength of your case.
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