Claim struck out after employee failed to provide any details of her case
A former employee's claim for constructive dismissal and disability discrimination was struck out after she repeatedly failed to comply with tribunal orders to provide particulars of her allegations.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented a claim for constructive unfair dismissal and disability discrimination on 26 July 2022.
- The ET1 claim form contained no details or allegations beyond ticking boxes and mentioning epilepsy.
- The claimant repeatedly failed to comply with tribunal orders to provide particulars of her claim.
- The claimant and her representative failed to attend two preliminary hearings without explanation.
- The respondent made multiple applications to strike out the claim due to non-compliance and lack of pursuit.
Timeline
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Claim presented
Ms Mason presented an ET1 claim for constructive unfair dismissal and disability discrimination.
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Respondent's response
Tesco filed a response pointing out the lack of particulars and asking for dismissal under Rule 26.
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Order to provide particulars
AREJ Burgher ordered the claimant to provide details of her disability discrimination allegations by 23 November 2022.
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Claimant's partial response
The claimant sent minutes of a wellness meeting but did not provide the ordered particulars.
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Draft document submitted
The claimant's representative submitted a draft narrative document, but it did not contain specific allegations.
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First strike-out application
Tesco applied to strike out the claim for failure to comply with directions.
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Preliminary hearing before EJ Warren
EJ Warren declined the strike-out application and ordered the claimant to provide further particulars by 6 February 2023.
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Second strike-out application
Tesco applied again for strike-out as the claimant had not complied with the order.
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Preliminary hearing before EJ Hallen
The claimant and her representative failed to attend; EJ Hallen listed an open hearing for 28 June 2023 to consider strike-out.
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Strike-out hearing
The claimant and her representative did not attend; Employment Judge Jones struck out the claim under Rule 37(d).
The legal issue
The tribunal had to decide whether to strike out the claim due to the claimant's persistent failure to provide details of her allegations and her non-attendance at hearings.
The outcome
The tribunal struck out the claim in its entirety.
The key reasons were:
- The claimant's ET1 form contained no details beyond ticking boxes and mentioning epilepsy.
- She failed to comply with orders to provide particulars of her disability discrimination allegations.
- She and her representative did not attend two preliminary hearings without explanation.
- The respondent had made multiple applications to strike out the claim.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you bring a claim, you must provide enough detail for the respondent and tribunal to understand what happened – ticking boxes is not enough.
- Failing to comply with tribunal orders can lead to your claim being struck out, even if you have a representative.
- Attending all hearings is essential; non-attendance without a good reason can result in your claim being dismissed.
- If you need more time to comply with an order, apply to the tribunal before the deadline – do not simply ignore it.
This case shows what can happen when a claimant fails to engage with the tribunal process. The former employee brought claims for constructive unfair dismissal and disability discrimination against Tesco, but from the start her claim lacked any detail. The ET1 form only ticked boxes and mentioned epilepsy – no specific allegations were made.
The tribunal gave her several chances to provide particulars, but she repeatedly failed to comply. She sent minutes of a wellness meeting and a narrative document, but neither contained the specific details ordered. Her representative even said that 'Tesco staff are fully aware of what happened' – which was not a proper response to a tribunal order.
After multiple warnings and two strike-out applications, the claimant and her representative failed to attend the final hearing. The tribunal had no choice but to strike out the claim. The judge noted that the claimant had been given ample opportunity to provide details and had been warned that further non-compliance could lead to strike-out.
What the respondent did right
Tesco acted promptly, pointing out the lack of particulars in the claim and making timely applications for strike-out. They did not oppose a reasonable extension of time, but when the claimant still failed to comply, they pursued the matter.
Why this matters
Tribunals expect claimants to actively pursue their cases and comply with orders. If you cannot provide details or attend hearings, you risk losing your claim entirely – regardless of its merits. This case is a reminder that process matters as much as substance.
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