Employer's failure to comply with tribunal orders leads to strike out and £15,000 award
A local authority employee was awarded £15,483 after her employer's response was struck out for failing to comply with case management orders, leaving the tribunal unable to hold a fair hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was unfairly dismissed by the first respondent.
- The claimant was awarded a basic award of £2,284.60 for unfair dismissal.
- The claimant was awarded £7,729.71 for breach of contract in respect of notice.
- The claimant was awarded £5,469.23 for unpaid holiday entitlement.
- The respondents failed to comply with case management orders, leading to the striking out of their response.
- The claimant's other claims (disability, race, sexual orientation discrimination) will proceed to a final hearing.
Timeline
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First claim issued
The claimant issued her first claim, approximately 4.5 years before the judgment.
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Second claim issued
The claimant issued her second claim in early July 2019.
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Case management hearing before Employment Judge Allen
Employment Judge Allen entered judgment for the claimant against the first respondent for various claims and made comprehensive case management orders.
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Judgment on unfair dismissal and breach of contract
Employment Judge Allen issued a judgment awarding the claimant compensation for unfair dismissal, breach of contract, and holiday pay.
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Deadline for document exchange
Judge Allen ordered parties to exchange documents by this date.
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Deadline for final hearing bundle
Judge Allen ordered that a final hearing bundle be prepared by this date.
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Referral to Employment Judge Butler
Judge Butler made additional case management orders due to the respondent's late disclosure.
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Deadline for witness statement exchange
Judge Allen ordered witness statements to be exchanged by this date, but the respondent failed to comply.
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Preliminary hearing on strike out
Employment Judge Tobin held a hearing to consider striking out the respondents' response due to non-compliance.
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Strike out order issued
Employment Judge Tobin ordered the respondents' response to be struck out, finding that a fair trial was no longer possible.
The legal issue
The tribunal had to decide whether the employer's failure to follow case management orders and its conduct in the proceedings justified striking out its response under rule 37 of the Employment Tribunal Rules of Procedure.
The outcome
The tribunal struck out the respondent's response, meaning the employer could no longer defend the claims. As a result, the claimant succeeded on her claims for unfair dismissal, breach of contract (notice pay), and unpaid holiday entitlement.
Compensation:
- Basic award for unfair dismissal: £2,284.60
- Damages for breach of contract (notice): £7,729.71
- Unpaid holiday pay: £5,469.23
- Total: £15,483.54
Lessons & takeaways
- Employers must comply with tribunal case management orders or risk having their response struck out entirely.
- If an employer fails to engage with proceedings, the tribunal can award judgment against them without a full hearing on the merits.
- Employees with multiple claims (e.g., discrimination) can still proceed to a final hearing even if the employer's defence on some claims is struck out.
This case shows what can happen when an employer fails to take tribunal proceedings seriously. The claimant, a Lead Engagement & Core Production Officer, had brought claims for unfair dismissal, discrimination, and unpaid wages against Mosses Community Association Limited. After years of delays and non-compliance with tribunal orders, the employer's response was struck out, leaving the tribunal to award over £15,000 in compensation.
What the employer did wrong
The tribunal had made repeated orders to manage the case, including deadlines for exchanging documents and witness statements. The employer failed to comply with these orders, even after being given extra time. By the time of the strike-out hearing, the tribunal concluded that a fair trial was no longer possible because the employer's conduct had made it impossible to proceed properly. The employer's response was struck out, meaning it could no longer defend the claims.
What this means for similar claims
This case is a reminder that tribunals have strong powers to manage cases and can penalise parties who do not follow orders. For employees, it shows that if an employer is uncooperative, the tribunal may be willing to strike out their defence and award judgment. However, the claimant's discrimination claims were not affected by the strike-out and will proceed to a full hearing, so the employer's failure did not resolve everything.
The outcome
The tribunal awarded the claimant £2,284.60 for unfair dismissal (basic award), £7,729.71 for breach of contract (notice pay), and £5,469.23 for unpaid holiday entitlement, totalling £15,483.54. The employer was also ordered to pay interest on the award if not paid within 14 days.
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