Former employee's unfair dismissal claim struck out after two years of inaction
A tribunal struck out an unfair dismissal claim because the employee had less than two years' service and failed to comply with orders or pursue the case for over two years.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant failed to comply with multiple tribunal orders.
- The claimant did not attend a preliminary hearing on 23 May 2023.
- The claimant did not respond to a strike-out warning from Employment Judge Brewer.
- The claimant has not actively pursued his claim since February 2021.
Timeline
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Hearing before Employment Judge Ayre
The claimant attended a hearing and was represented. This was the last date the claimant took any action in the claim.
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Order of Judge Ayre
Judge Ayre made an order requiring the claimant to take certain steps, which the claimant failed to comply with.
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Preliminary hearing before Employment Judge Brewer
The claimant did not attend the hearing. Judge Brewer considered striking out the claim and ordered the claimant to provide reasons why it should not be struck out within 7 days.
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Record of hearing sent to claimant
The tribunal sent the claimant the record of the preliminary hearing, case management summary, and orders.
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Strike-out judgment
Employment Judge Fredericks-Bowyer struck out the claim due to unreasonable conduct, failure to comply with orders, and failure to actively pursue the claim.
The legal issue
The tribunal had to decide whether to strike out the unfair dismissal complaint on two grounds: lack of jurisdiction (the employee had less than two years' service) and/or because the employee had failed to comply with orders and acted unreasonably.
The outcome
The tribunal struck out the unfair dismissal complaint. The key reasons were:
- The employee had less than two years' service, so the tribunal had no jurisdiction to hear an unfair dismissal claim.
- The employee had failed to comply with multiple tribunal orders, did not attend a preliminary hearing, and had not taken any action to pursue the claim since February 2021.
- Despite being given a warning and a chance to explain why the claim should not be struck out, the employee did not respond.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- You generally need at least two years of continuous service to bring an unfair dismissal claim in England and Wales.
- If you fail to comply with tribunal orders or do not actively pursue your claim, the tribunal can strike it out, even if you had a valid case.
- Ignoring warnings from the tribunal about striking out your claim will almost certainly lead to it being dismissed.
- If you have less than two years' service, consider whether you have another legal basis for a claim, such as discrimination or automatic unfair dismissal.
This case shows how quickly an employment tribunal claim can unravel if the claimant does not keep on top of procedural requirements. The former employee brought an unfair dismissal claim against East Lindsey ITeC Ltd trading as First College, but had been employed for less than two years. That alone meant the tribunal had no jurisdiction to hear the complaint.
What went wrong
Even if the employee had two years' service, the claim would have faced serious problems. After a hearing in February 2021, the employee took no further action. He failed to comply with a tribunal order made in March 2023, did not attend a preliminary hearing in May 2023, and ignored a warning from the judge that the claim might be struck out. The tribunal gave him seven days to explain why it should not be struck out, but he never replied.
Why the result matters
The tribunal struck out the claim under three rules: unreasonable conduct, failure to comply with orders, and no longer actively pursuing the claim. The judge noted that it would not be proportionate to give the employee yet another chance. For anyone bringing a claim, this case is a reminder that tribunals expect claimants to engage with the process. Ignoring orders and deadlines can be fatal, regardless of the merits of the case.
What the respondent did right
East Lindsey ITeC Ltd followed the correct procedures, including copying the employee directly on correspondence about the strike-out warning. The tribunal was satisfied that the employee had been properly notified and given a fair opportunity to respond.
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