Constructive dismissal claim struck out after repeated failures to comply with tribunal orders
A communications manager who brought claims of discrimination and constructive unfair dismissal against The Alan Turing Institute had her case struck out after failing to comply with multiple tribunal orders over a year. The tribunal found a fair hearing was no longer possible.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #non-compliance
- #disability
- #delay
- #fair-hearing-impossible
Key facts
- The claimant was employed as a Communications and Marketing Manager from 16 January 2017 to 11 January 2021.
- She brought claims of race discrimination, disability discrimination, constructive unfair dismissal, and breach of contract.
- The claimant has dyspraxia, sensory and auditory processing disorder, endometriosis, and ADHD.
- She failed to comply with multiple tribunal orders over a year, including providing a list of allegations and medical evidence.
- The tribunal found that a fair hearing was no longer possible due to inordinate delay and prejudice to the respondent.
Timeline
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Employment ended
The claimant resigned from her position as Communications and Marketing Manager.
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Claim presented
The claimant presented her claim to the employment tribunal.
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First case management hearing
Employment Judge Glennie ordered the claimant to provide a list of allegations and medical evidence by 20 October 2021.
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Second case management hearing
Employment Judge Brown re-listed the final hearing for December 2022 and ordered a medical report.
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Third case management hearing
Employment Judge Spencer ordered the claimant to provide the list and medical evidence by 17 June 2022.
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Partial compliance
The claimant provided a list of allegations and a draft medical evidence index, but the impact statement and full medical records were missing.
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Strike-out hearing
The tribunal heard the respondent's application to strike out the claims.
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Judgment issued
The tribunal struck out all claims under Rule 37(1)(d) and (e).
The legal issue
The tribunal had to decide whether the claimant's claims should be struck out due to her failure to comply with tribunal orders, lack of active pursuit, and whether a fair hearing was still possible given the delay and prejudice to the respondent.
The outcome
The tribunal struck out all claims under Rule 37(1)(d) and (e) of the Employment Tribunal Rules of Procedure.
Key reasons:
- The claimant failed to comply with multiple orders over a year, including providing a list of allegations and medical evidence.
- The delay was inordinate and inexcusable, even considering her disabilities.
- A fair hearing was no longer possible, and the respondent suffered serious prejudice.
No compensation was awarded as the claims were struck out before trial.
Lessons & takeaways
- Tribunals expect strict compliance with case management orders; repeated failures can lead to strike-out even if you have a disability.
- If you need extra time, always copy the respondent into your request and seek agreement before the deadline.
- Disability adjustments should be requested early and documented; they do not excuse indefinite non-compliance.
- Bringing multiple complex claims without legal representation increases the risk of procedural errors that can sink your case.
When delay derails a discrimination claim
This case shows how procedural failures can be fatal even to potentially strong claims. The claimant, a Communications and Marketing Manager with four years' service, brought a wide-ranging claim against The Alan Turing Institute including race and disability discrimination, constructive unfair dismissal, and breach of contract. She had several diagnosed conditions including dyspraxia, ADHD, and endometriosis. But the tribunal never reached the merits.
Over the course of a year, the claimant missed multiple deadlines set at three separate case management hearings. She was ordered to provide a clear list of the acts she was complaining about and medical evidence to support her disability claims. Despite extensions and reminders, she only partially complied shortly before the strike-out hearing. The tribunal acknowledged her disabilities but concluded they did not explain the scale of the delay.
What the respondent did right
The Alan Turing Institute applied for strike-out early, after giving the claimant every opportunity to comply. They prepared a skeleton argument and attended the hearing with counsel. The tribunal noted that the respondent had suffered serious prejudice: the delay made it harder to gather evidence and respond to allegations that were never properly particularised.
What this means for similar claims
The case is a reminder that employment tribunals expect parties to follow orders promptly. Claimants representing themselves are not given a free pass. If you are bringing a claim with multiple strands, ask the tribunal for a clear list of what you need to provide and by when. If you have a disability that affects your ability to comply, raise it at the earliest opportunity and request specific adjustments — but do not assume it will excuse ongoing non-compliance. Once a fair hearing becomes impossible, the tribunal will strike out the claim regardless of its potential merit.
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