Employer's failure to comply with tribunal orders leads to strike-out of response
A tribunal struck out Cavendish Learning Limited's response after repeated failures to comply with case management orders, leaving the claimant's unfair dismissal and discrimination claims undefended.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Food Technology Teacher from 28 August 2020 to 17 December 2020.
- The respondent failed to comply with multiple case management orders, including providing a final hearing bundle and exchanging witness statements.
- An Unless Order was made on 15 May 2023 requiring the respondent to provide the final bundle by 19 May 2023, which was partially complied with.
- The respondent did not exchange witness statements by the ordered date of 2 June 2023 and continued to disclose documents late.
- The court-appointed intermediary stated there was zero prospect of the claimant being able to proceed with the final hearing listed for 14 August 2023.
- The final hearing was postponed due to the respondent's failures, causing significant prejudice to the claimant.
Timeline
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Employment started
Claimant began employment as a Food Technology Teacher.
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Dismissal
Claimant was dismissed from employment.
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Claim presented
Claimant presented claims including disability discrimination, unfair dismissal, and protected disclosures.
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First preliminary hearing
Preliminary hearing held; case management orders made for disclosure and witness statements.
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Second preliminary hearing
Further orders made; final hearing listed for 14 August 2023.
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Third preliminary hearing
Unless Order made for final bundle by 19 May 2023; witness statements to be exchanged by 2 June 2023.
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Witness statement exchange deadline
Claimant ready to exchange; respondent not ready and later sought extension.
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Further disclosure by respondent
Respondent disclosed additional documents, including interview pack from 2020.
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Fourth preliminary hearing
Final hearing postponed; strike out hearing listed for 16 August 2023.
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Strike out hearing
Hearing to determine whether to strike out the response.
The legal issue
The tribunal had to decide whether to strike out the respondent's response due to unreasonable conduct, non-compliance with orders, and the impossibility of a fair hearing within the trial window.
The outcome
The tribunal struck out Cavendish Learning Limited's response, meaning the claimant's claims for unfair dismissal, disability discrimination, and other complaints will proceed without a defence.
Key reasons:
- The respondent repeatedly failed to comply with case management orders, including providing the final hearing bundle and exchanging witness statements.
- An Unless Order was partially ignored, and the respondent continued to disclose documents late.
- The final hearing, listed for 15 days, had to be postponed due to the respondent's failures, causing significant prejudice to the claimant.
- The court-appointed intermediary stated there was zero prospect of the claimant being able to proceed with the final hearing as listed.
No compensation was awarded at this stage; the strike-out relates to liability only. A remedy hearing will follow.
Lessons & takeaways
- Employers must comply with tribunal orders promptly; repeated failures can lead to their defence being struck out entirely.
- If you are a claimant experiencing unreasonable delays by the respondent, you can apply to strike out their response.
- An Unless Order is a final warning — failing to comply with it can have serious consequences, including losing the right to defend the claim.
- The tribunal will consider the impact of non-compliance on the ability to hold a fair hearing within the listed window.
When an employer's failures derail a tribunal hearing
This case shows how a respondent's repeated failure to follow tribunal orders can backfire dramatically. The claimant, a food technology teacher with only four months' service, brought claims of unfair dismissal, disability discrimination, and other complaints after being dismissed in December 2020. The employer, Cavendish Learning Limited, was represented by solicitors throughout, but its conduct of the proceedings fell far short of what is expected.
Despite multiple case management orders, the respondent failed to provide the final hearing bundle on time, did not exchange witness statements by the deadline, and continued to disclose documents late — even after an Unless Order was made. The final hearing, listed for 15 days, had to be postponed because the respondent's failures made it impossible for the claimant to prepare. A court-appointed intermediary confirmed there was zero prospect of the claimant proceeding as planned.
What the losing side could have done differently
The respondent had ample opportunity to comply. The tribunal gave clear directions and extended deadlines. The critical mistake was not taking the Unless Order seriously. If the respondent had provided the bundle by 19 May 2023 and exchanged witness statements by 2 June 2023, the strike-out could have been avoided. Instead, the response was struck out, leaving the claims undefended.
Why this matters for similar claims
This case is a reminder that tribunals have strong powers to manage cases fairly. For claimants facing obstructive respondents, a strike-out application can be a powerful tool. For respondents, the message is clear: ignoring orders risks losing the right to defend the claim entirely. The remedy hearing will now determine what compensation, if any, the claimant receives.
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