Council's response struck out: former employee wins unfair dismissal claim
A former employee was awarded £12,953.98 after Lancashire County Council's response was struck out for non-compliance, leading to a finding of unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #response-struck-out
- #remedy-hearing
Key facts
- The respondent's response was struck out due to non-compliance.
- The claimant was unfairly dismissed.
- The claimant was awarded compensation of £12,953.98.
- The basic award was £6,994.50.
- The compensatory award was £5,959.48.
- The respondent was ordered to pay £3,000 towards legal costs.
Timeline
-
Claim presented
The claimant presented a claim of unfair dismissal to the Employment Tribunal.
-
Liability hearing (day 1)
The liability hearing commenced before Employment Judge Holmes at Manchester Employment Tribunal.
-
Liability hearing (day 2)
The liability hearing continued.
-
Liability hearing (day 3)
The liability hearing concluded.
-
Judgment on liability
Employment Judge Holmes issued a judgment striking out the respondent's response and finding the claimant unfairly dismissed.
-
Remedy hearing
Employment Judge Dunlop held a remedy hearing by video and awarded compensation.
-
Remedy judgment sent to parties
The written remedy judgment was sent to the parties.
The legal issue
The tribunal had to decide whether to strike out the respondent's response for failing to comply with orders, and then determine the remedy for the claimant's unfair dismissal.
The outcome
The tribunal struck out Lancashire County Council's response for non-compliance, meaning the claimant's unfair dismissal claim was upheld without the council being able to defend it.
- Basic award: £6,994.50
- Compensatory award: £5,959.48 (including £450 for loss of statutory rights, £3,214.20 for 15 weeks' net loss of earnings, and £2,295.28 for a further 26 weeks' net loss of earnings at a reduced rate)
- Costs order: £3,000 towards legal fees
Lessons & takeaways
- If an employer fails to comply with tribunal orders, their response can be struck out, leading to an automatic finding against them.
- Compensation for unfair dismissal includes both a basic award (based on age, length of service, and pay) and a compensatory award for actual financial losses.
- Tribunals can order the losing party to contribute to the other side's legal costs, especially where there has been non-compliance.
- Even without a full hearing on liability, a claimant can still recover losses if the employer's response is struck out.
When an employer's failure to engage backfires
This case shows the serious consequences for employers who fail to comply with tribunal procedures. Lancashire County Council had its response struck out because it did not follow tribunal orders, meaning the former employee's unfair dismissal claim succeeded without the council being able to put forward its defence.
The tribunal did not hear evidence on the circumstances of the dismissal itself. Instead, the focus shifted to how much compensation the former employee should receive.
What the compensation covers
The award of £12,953.98 reflects both the statutory basic award and the actual financial losses the former employee suffered. The basic award of £6,994.50 is calculated from age, length of service, and weekly pay. The compensatory award of £5,959.48 covers loss of statutory rights, 15 weeks of lost earnings at full pay, and a further 26 weeks at a reduced rate to reflect new employment.
The council was also ordered to pay £3,000 towards the former employee's legal costs.
What this means for similar claims
For employees, this case highlights that tribunals take non-compliance seriously. If an employer ignores orders or fails to engage, the tribunal can strike out their defence, making it much easier for the employee to win.
For employers, the message is clear: failing to follow tribunal procedures can lead to an automatic loss, regardless of the merits of the case. It also risks additional costs orders.
The case also demonstrates how compensation is calculated when a dismissal is found to be unfair, with the aim of putting the employee in the financial position they would have been in had the dismissal not occurred.
Similar cases
Dismissed while pregnant: employer's failure to provide written reasons adds to compensation
A tribunal found that a former employee was unfairly dismissed because of her pregnancy, and awarded over £23,800 including £12,000 for injury to feelings.
Security officer unfairly dismissed after employer mistakenly believed revoked licence meant no legal work
A security officer with four years' service was unfairly dismissed after G4S mistakenly believed he could not legally work following his SIA licence revocation. The tribunal awarded £16,632.84.
Unfair dismissal for conduct: award reduced by 30% for contributory fault
A former Openreach employee won his unfair dismissal claim but saw his compensation cut by 30% because his own conduct contributed to his sacking. The tribunal awarded £42,845.56.
Whistleblowing claim: repeated amendment applications not unreasonable enough for costs
A former chartered accountant who made multiple applications to amend her whistleblowing and sex discrimination claims avoided a costs order, even though most amendments were refused. The tribunal said her conduct was not unreasonable or vexatious.