Unfair dismissal win after employer ignored tribunal orders
A former employee's widow secured £16,821 in compensation after Lodge Security Limited failed to attend hearings or comply with tribunal orders, leading to the response being struck out.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #strike-out
- #non-attendance
- #deceased-claimant
- #reconsideration
Key facts
- The claimant died in May 2021 before the final hearing.
- The respondent failed to attend multiple hearings and did not comply with tribunal orders.
- The response was struck out due to non-compliance.
- The claimant had 8 years of service and was over 41 at dismissal.
- The compensatory award covered lost pay from dismissal until hospital admission on 28 December 2019.
Timeline
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Claimant's employment ended
The claimant was dismissed from his employment with Lodge Security Limited after 8 years of service.
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Claimant admitted to hospital
The claimant was admitted to hospital, which marked the end of the period for lost pay calculation.
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First hearing
Neither party attended; the claim was dismissed.
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Judgment dismissing claim
Employment Judge Hyde dismissed the claim due to non-attendance.
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Judgment sent to parties
The dismissal judgment was sent to the parties.
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Reconsideration application
The claimant's widow applied for reconsideration of the dismissal judgment.
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Claimant died
Mr F Onyeachu passed away.
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Reconsideration hearing
Employment Judge Ferguson revoked the earlier judgment and ordered a final hearing.
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Final hearing
Employment Judge K Andrews struck out the response, found unfair dismissal, and awarded £16,821 compensation.
The legal issue
The tribunal had to decide whether to strike out the employer's response for non-compliance and, if so, whether the claimant was unfairly dismissed and what compensation was appropriate.
The outcome
The tribunal struck out Lodge Security Limited's response and found the claimant was unfairly dismissed.
- The employer failed to attend multiple hearings and did not respond to orders to explain their absence.
- Compensation of £16,821 was awarded, comprising:
- Basic award: £6,096
- Compensatory award: £10,725
Lessons & takeaways
- Employers who ignore tribunal proceedings risk having their defence struck out and a default judgment made against them.
- If an employer fails to attend a hearing, the tribunal can proceed and decide the case based on the available evidence.
- A claimant's estate can continue an unfair dismissal claim after the claimant's death, with a representative acting on their behalf.
- Non-compliance with tribunal orders, such as failing to explain non-attendance, can lead to strike-out of the response.
What this case shows in practice
This case demonstrates the consequences of an employer failing to engage with tribunal proceedings. Lodge Security Limited did not attend any of the hearings, including the initial hearing in March 2020 where the claim was dismissed due to non-attendance. The claimant's widow then successfully applied for reconsideration, and at the final hearing, the employer again failed to appear. The tribunal struck out the response, finding the employer had not actively pursued its defence and had not complied with orders to explain its absence.
What the losing side could have done differently
The employer could have avoided this outcome by simply attending hearings or providing a valid reason for absence. Even after the reconsideration hearing, the tribunal gave them an opportunity to explain, but they did not respond. By ignoring the process, they lost the chance to contest the claim on its merits.
Why the result matters for similar claims
This case highlights that tribunals will not tolerate non-compliance. For claimants, it shows that even if an employer tries to ignore proceedings, the tribunal can still make a judgment. It also illustrates that a claim can continue after a claimant's death, with a family member stepping in to pursue it. The compensation here was calculated based on the claimant's length of service and lost pay, showing that tribunals will award damages even when the employer does not participate.
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