Response struck out: former employee wins unfair dismissal claim
A former employee has been awarded £36,390 after the employer's response was struck out for non-compliance, leading to a finding of unfair dismissal.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent.
- The respondent's response was struck out under rule 37(1)(b) and (e).
- The claimant was found to have been unfairly dismissed.
- The claimant withdrew remaining discrimination claims.
- The claimant was awarded a redundancy payment and notice pay, set off against the compensatory award.
Timeline
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Loss of earnings period begins
The prescribed element of the award covers loss of earnings from this date to 4 October 2021.
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Loss of earnings period ends
End of the period for which loss of earnings is calculated.
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Hearing day 1
First day of the substantive hearing at Birmingham Employment Tribunal via CVP.
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Hearing day 2 and judgment
Second day of hearing; judgment given orally. The respondent's response was struck out, unfair dismissal found, and awards made.
The legal issue
The tribunal had to decide whether to strike out the respondent's response for failing to comply with tribunal orders, and if so, whether the claimant was unfairly dismissed.
The outcome
The tribunal struck out the respondent's response under rule 37(1)(b) and (e) for non-compliance with orders, meaning the employer could not defend the claim. As a result, the claimant was found to have been unfairly dismissed.
Compensation:
- Basic award: £14,575
- Compensatory award: £21,815 (including loss of income £20,700, pension loss £615, loss of statutory rights £500)
- Total damages: £36,390
- Note: A redundancy payment of £14,575 and notice pay of £4,968 were set off against the compensatory award.
Lessons & takeaways
- If your employer fails to comply with tribunal orders, you can apply to have their response struck out, which may lead to a default judgment in your favour.
- Keep records of all communications and tribunal orders to demonstrate non-compliance.
- Even if you have multiple claims, a successful unfair dismissal claim can result in significant compensation including loss of earnings and pension losses.
- Redundancy payments and notice pay can be set off against the compensatory award, so check if you are entitled to those separately.
What this case shows in practice
This case demonstrates the serious consequences for employers who fail to comply with tribunal orders. The former employee's claim for unfair dismissal succeeded not because of the strength of their case on the merits, but because the employer's response was struck out for non-compliance. This meant the employer was unable to defend the claim, and the tribunal proceeded to find that the dismissal was unfair.
The claimant was awarded £36,390 in total, comprising a basic award of £14,575 and a compensatory award of £21,815. The compensatory award covered loss of income, pension loss, and loss of statutory rights. Notably, the claimant was also entitled to a redundancy payment and notice pay, but these were set off against the compensatory award, meaning they did not receive additional money on top.
What the losing side could have done differently
The respondent, Stan Smith and Sons Ltd, could have avoided this outcome by complying with the tribunal's orders. The strike-out was a sanction for non-compliance, which is a powerful tool tribunals use to ensure parties engage properly with the process. Employers who ignore orders risk having their defence struck out entirely, leaving them liable for compensation without a hearing on the merits.
Why this result matters for similar claims
For employees considering an unfair dismissal claim, this case highlights the importance of procedural compliance—not just by you, but by your employer. If your employer fails to follow tribunal directions, you may be able to apply for a strike-out, which can significantly speed up your case and lead to a default judgment. However, it is crucial to seek legal advice before making such an application, as tribunals have discretion and will consider the circumstances.
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