False cricket claim in disability impact statement leads to strike-out
A former employee had his unfair dismissal claim struck out after telling the tribunal he could not play cricket due to disability, when in fact he played cricket in 2021. The tribunal found he deliberately misled the court.
1 min read · Last updated 18 May 2026
Case details
- #false-statement
- #disability-impact-statement
- #strike-out
- #unreasonable-conduct
- #cricket
Key facts
- The claimant claimed he could not play cricket due to disability, but he played cricket in 2021.
- The claimant's disability impact statement was signed on 29 June 2021.
- The claimant's solicitor, Mr Khan, played cricket with the claimant and reviewed his medical records.
- The claimant did not correct the error until questioned at the hearing.
- The tribunal found the claimant deliberately misled the court.
Timeline
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Claimant signed disability impact statement
The claimant signed a witness statement stating he could not play cricket due to his disability.
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Claimant played cricket
The claimant played cricket on several occasions in June 2021, before and after signing the statement.
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Preliminary hearing before EJ Tobin
EJ Tobin converted the final hearing to an open preliminary hearing to consider issues including strike out.
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Respondent's strike-out application
The respondent applied to strike out the claim based on the false statement.
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Strike-out hearing
Employment Judge Gumbiti-Zimuto heard the application and struck out the claim.
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Judgment sent to parties
The written judgment was sent to the parties.
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Written reasons provided
Employment Judge Gumbiti-Zimuto provided written reasons for the judgment.
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Reasons sent to parties
The written reasons were sent to the parties.
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Reconsideration application
The claimant applied for reconsideration of the strike-out judgment.
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Reconsideration judgment
Employment Judge Gumbiti-Zimuto confirmed the original judgment.
The legal issue
The tribunal had to decide whether the claim should be struck out because the claimant's disability impact statement contained a false statement about his ability to play cricket, and whether the proceedings could still be fairly heard.
The outcome
The tribunal struck out the former employee's unfair dismissal claim.
The key reason was that the claimant deliberately misled the tribunal by stating in his disability impact statement that he could not play cricket due to his disability, when in fact he played cricket on several occasions in June 2021, both before and after signing the statement. The claimant's explanation that it was a simple error about the year was rejected.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Always ensure that statements made to a tribunal are accurate and truthful; any falsehoods can lead to the claim being struck out.
- If you discover an error in a statement you have signed, correct it immediately rather than waiting until questioned at a hearing.
- Tribunals take false statements very seriously and may treat them as an attempt to mislead the court, which can result in the claim being dismissed without a full hearing.
- Your solicitor or representative should review evidence thoroughly to avoid inadvertently supporting a false statement.
When a false statement costs you your case
This case shows how a single false statement in a tribunal claim can have severe consequences. The former employee claimed he could not play cricket due to his disability, but the respondent discovered he had played cricket in 2021 – both before and after signing the statement. When challenged, the claimant said it was a simple error about the year, but the tribunal did not accept that explanation.
What the losing side could have done differently
The claimant could have corrected the error as soon as he realised it, rather than waiting until the hearing. His solicitor, who played cricket with him and reviewed his medical records, might have spotted the inconsistency earlier. The tribunal noted that the claimant's conduct made it impossible to have a fair hearing, as his credibility was fundamentally undermined.
Why this matters for similar claims
This case is a stark reminder that tribunals will not tolerate dishonesty. Even if the underlying claim of unfair dismissal might have had merit, the false statement derailed the entire case. For anyone bringing a claim, accuracy in all documents – especially witness statements – is essential. If you make a mistake, correct it promptly. The tribunal's power to strike out claims for unreasonable conduct is a serious risk for claimants who fail to be truthful.
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