Claim struck out after claimant failed to attend hearing and sent abusive emails
A former employee's unfair dismissal claim was struck out after he failed to attend the final hearing, ignored tribunal orders, and sent abusive emails to the respondent's solicitor.
1 min read · Last updated 18 May 2026
Key facts
- The claimant failed to attend the final hearing on 1 March 2022.
- The claimant did not comply with case management orders to provide a remedy statement, disclose documents, agree a bundle, and exchange witness statements.
- The claimant sent abusive emails to the respondent's representative.
- The claimant indicated he was not happy with the tribunal's earlier decisions and did not intend to proceed with the claim.
- The tribunal struck out the claims for unreasonable conduct, non-compliance with orders, and failure to attend.
Timeline
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Preliminary hearing
Employment Judge Quill refused permission to amend the claim to include age discrimination. The claimant indicated he might not proceed.
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Deadline for remedy statement
The claimant failed to provide a further statement of remedy as ordered.
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Deadline for disclosure
The claimant failed to disclose documents as ordered.
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Deadline for agreeing bundle
The claimant failed to agree a final hearing bundle as ordered.
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Deadline for witness statement exchange
The claimant failed to exchange his witness statement as ordered.
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Claimant requests written reasons
The claimant emailed the tribunal requesting written reasons for the judgment.
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Written reasons sent
Employment Judge Quill sent written reasons for the judgment and case management orders.
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Claimant emails tribunal
The claimant emailed the tribunal without copying the respondent, possibly seeking reconsideration.
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Respondent asks claimant about intentions
The respondent's solicitor emailed the claimant asking if he was still proceeding.
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Claimant sends abusive emails
The claimant replied with abusive language, indicating he was not proceeding.
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Respondent applies to strike out
The respondent applied to strike out the claim due to unreasonable conduct and failure to pursue.
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Final hearing - claimant absent
The claimant did not attend the final hearing. The tribunal proceeded in his absence and struck out the claims.
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Judgment issued
Employment Judge Alliott issued a judgment dismissing all claims.
The legal issue
Whether the claimant's claims should be struck out due to unreasonable conduct, failure to comply with case management orders, and failure to attend the final hearing.
The outcome
The tribunal dismissed all claims against Holtwhites Hotel and Daycare Centre and the other respondents.
The decision was based on:
- The claimant's failure to attend the final hearing on 1 March 2022.
- Non-compliance with multiple orders, including providing a remedy statement, disclosing documents, agreeing a bundle, and exchanging witness statements.
- Sending abusive emails to the respondent's representative and indicating he did not intend to proceed.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Attend all hearings and comply with tribunal orders to avoid having your claim struck out.
- Communicate professionally with the other side; abusive emails can be used as evidence of unreasonable conduct.
- If you decide not to proceed, formally withdraw your claim rather than ignoring proceedings.
- Seek legal advice early if you are struggling to comply with orders or have concerns about the process.
A case that fell apart before it could be heard
This case shows how an employment tribunal claim can be struck out entirely when a claimant fails to engage with the process. The former employee had brought claims of unfair dismissal against Holtwhites Hotel and Daycare Centre and several individuals. But after a preliminary hearing in April 2021, things unravelled quickly.
The tribunal had made standard case management orders requiring the claimant to provide a remedy statement, disclose documents, agree a hearing bundle, and exchange witness statements. He did none of these. When the respondent's solicitor asked if he still intended to proceed, he replied with abusive language and made clear he was not happy with earlier tribunal decisions.
What the losing side could have done differently
The claimant could have avoided strike-out by simply attending the final hearing and complying with the tribunal's orders. If he felt unable to proceed, he could have formally withdrawn the claim or sought advice on his options. Instead, his failure to engage and his abusive communications gave the tribunal clear grounds to dismiss the case.
Why this matters for similar claims
Employment tribunals expect both parties to follow their rules. Claimants who ignore orders, miss deadlines, or behave unreasonably risk having their case thrown out before any decision on the merits. This case is a reminder that the process matters as much as the substance of your claim.
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