Car mechanic's unfair dismissal claim struck out after failing to comply with tribunal orders
A car mechanic who claimed unfair dismissal and redundancy pay had his case struck out after he failed to comply with a tribunal order and ignored a strike-out warning. The tribunal decided the claim should be dismissed due to non-compliance.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a mechanic by AJSHM Limited.
- The claimant was dismissed on 23 January 2020.
- The claimant failed to comply with a Tribunal order dated 15 July 2022.
- The claimant did not respond to a strike-out warning letter dated 10 October 2022.
- The claim was struck out on 5 April 2023.
Timeline
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Employment commenced
The claimant started work as a mechanic at a garage in Saint Neots.
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TUPE transfer to AJSHM
The claimant's employment transferred from SA Service Centre Ltd to AJSHM Limited.
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Suspension
The claimant was suspended from work.
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Dismissal
The claimant was dismissed by AJSHM Limited.
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Claim issued
The claimant issued proceedings for unfair dismissal, redundancy pay, notice pay, and holiday pay.
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Preliminary hearing
A hearing was held to determine the claimant's employer and whether a TUPE transfer occurred.
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Reserved judgment on employer issue
The Tribunal found the claimant was employed by AJSHM Limited and dismissed the second and third respondents.
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Final hearing listed
A final hearing was scheduled but later not complied with by the claimant.
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Claim struck out
The claim was struck out due to the claimant's failure to comply with orders and pursue the claim.
The legal issue
The tribunal had to decide whether the claimant had pursued his claim properly. After a preliminary hearing had already determined his employer, the claimant did not comply with further orders, leading to the strike-out of his entire claim.
The outcome
The tribunal struck out the claimant's case due to his failure to comply with a tribunal order and his lack of response to a strike-out warning. The claim was dismissed in its entirety, meaning the mechanic received no compensation for his unfair dismissal, redundancy, or other claims.
- No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Claimants must comply with all tribunal orders and respond to correspondence, or risk having their case struck out.
- A strike-out warning is a final opportunity to engage with the process; ignoring it will likely end the claim.
- If you cannot meet a deadline, you should apply for an extension rather than simply failing to comply.
- Legal representation is not required, but you must still actively pursue your claim and follow tribunal directions.
This case shows how a potentially valid unfair dismissal claim can be lost not on its merits, but because the claimant failed to engage with the tribunal process. The mechanic had been dismissed from his job and brought claims for unfair dismissal, redundancy pay, notice pay, and holiday pay. After a preliminary hearing resolved who his employer was, the case was listed for a final hearing. But the claimant did not comply with a tribunal order made in July 2022, and when the tribunal issued a strike-out warning in October 2022, he did not respond at all.
What the tribunal decided
The tribunal struck out the claim on 5 April 2023. The decision was based solely on the claimant's non-compliance and failure to pursue his case. The tribunal had already done significant work to determine the correct employer and had set a final hearing date. The claimant's silence meant the tribunal had no choice but to dismiss the proceedings.
What the claimant could have done differently
If the mechanic had simply responded to the tribunal's warning letter, even to ask for more time, the case might have survived. The tribunal's rules require claimants to actively pursue their claims. Ignoring orders and warnings is almost always fatal. A short, polite reply explaining any difficulties would have been far better than no reply at all.
Why this matters
This case is a reminder that employment tribunal claims require ongoing engagement from the claimant. Even a strong case on the facts can be thrown out if the procedural steps are not followed. Anyone bringing a claim should keep track of deadlines, respond to tribunal communications, and seek advice if they are struggling to comply.
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