Security guard's discrimination claim struck out for failing to comply with tribunal orders
A security guard who alleged race and sex discrimination by a senior officer had her entire claim dismissed after repeatedly failing to provide a list of documents as ordered by the tribunal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by CDX Security Ltd, a recruitment agency, and placed with OCS to provide security at Lincoln Crown and Magistrates Courts.
- The claimant was dismissed following an incident on 11 November 2021 at Lincoln Magistrates Court.
- The claimant alleged race and sex discrimination by a senior security officer employed by OCS.
- The claimant failed to comply with Unless Orders requiring a list of documents and particularisation of her claims.
- The claim was struck out in its entirety for non-compliance with the Unless Orders.
Timeline
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Incident at Lincoln Magistrates Court
A serious incident occurred involving the claimant and a senior security officer employed by OCS, leading to the claimant's dismissal.
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Case Management Hearing
Employment Judge Britton held a detailed Case Management Hearing and made Unless Orders requiring the claimant to provide a list of documents and particularise her claims.
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Respondent's strike-out application
The respondent applied to strike out the claim for non-compliance with the Unless Orders.
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Claimant provided some documents
The claimant supplied WhatsApp screenshots and a handwritten letter to the respondent, but did not provide a formal list of documents.
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Record of Case Management Hearing sent
The tribunal sent the record of the 21 July hearing to the parties, reiterating the Unless Orders.
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Reminder to copy respondent
Employment Judge Clark reminded the claimant to copy the respondent on all communications with the tribunal.
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Open Preliminary Hearing
The tribunal heard the respondent's strike-out application. The claimant participated by telephone. The claim was struck out for non-compliance with Unless Orders.
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Judgment issued
Employment Judge Britton issued the written judgment dismissing the claim.
The legal issue
The tribunal had to decide whether the claimant had complied with Unless Orders requiring her to provide a list of documents and particularise her claims of unfair dismissal, race discrimination, and sex discrimination, and if not, whether the claim should be struck out.
The outcome
The tribunal dismissed the claim in its entirety for non-compliance with Unless Orders.
The key reason was that the claimant failed to provide a formal list of documents by the deadline, despite the tribunal's detailed guidance and multiple reminders. She only supplied piecemeal materials like WhatsApp screenshots and a handwritten letter, which did not meet the order's requirements.
No compensation was awarded as the claim was struck out before reaching a hearing on the merits.
Lessons & takeaways
- Always comply with tribunal orders, especially Unless Orders, which carry an automatic penalty of strike-out if not followed.
- If you are representing yourself, seek advice or use the tribunal's free guidance to understand what is required.
- Keep a copy of all documents you send to the tribunal and the other side, and ensure you follow the required format (e.g., a list, not just scattered materials).
- Respond promptly to requests from the other side's solicitors — cooperation can prevent escalation.
- If you have health issues, inform the tribunal early and provide evidence; but this does not excuse non-compliance with clear orders.
This case shows how crucial it is to follow tribunal orders exactly, especially when representing yourself. The claimant, a security guard placed by CDX Security Ltd at Lincoln Courts, alleged she was unfairly dismissed and discriminated against after a serious incident. However, her claim never got to a full hearing because she failed to comply with procedural requirements.
What went wrong
The tribunal had issued Unless Orders — a final warning — requiring the claimant to provide a list of documents and clarify her claims. Despite the judge's detailed guidance and the respondent's solicitor's efforts to help, the claimant only sent a memory stick, WhatsApp screenshots, and a handwritten letter. She never produced a proper list, which meant the respondent didn't know what evidence she relied on. The tribunal saw this as a scattergun approach that undermined the fairness of proceedings.
What could have been done differently
The judge had tried to assist the claimant at an earlier hearing, but she did not take the opportunity to comply. Even if she felt overwhelmed, she could have asked for more time or sought help from a legal advice centre. Instead, her failure to follow the orders led to the entire claim being struck out, including any potential claims against other organisations like OCS.
Why this matters
This case is a reminder that tribunals expect parties to engage properly with the process. Unless Orders are a last resort, and ignoring them has serious consequences. For anyone considering a claim, it is essential to take procedural steps seriously — even if you believe the facts are strong, the case can be dismissed on technical grounds.
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