Claims struck out after employee failed to comply with tribunal orders
A former employee's unfair dismissal and disability discrimination claims were struck out after she repeatedly failed to comply with tribunal orders and did not attend the preliminary hearing. She was also ordered to pay £1,000 in costs.
2 min read · Last updated 18 May 2026
Key facts
- The claimant presented claims of unfair dismissal and disability discrimination in November 2022.
- The claimant failed to comply with a Tribunal order to provide further particulars by 3 April 2023.
- The claimant did not attend the preliminary hearing on 16 August 2023 and made no contact.
- The Tribunal struck out all claims under Rule 37 for failure to comply with orders and failure to actively pursue the claims.
- The claimant was ordered to pay £1,000 towards the respondent's costs for unreasonable conduct.
Timeline
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Claim presented
The claimant presented claims of unfair dismissal and disability discrimination against the respondent.
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Preliminary hearing
Employment Judge Wright ordered the claimant to provide further information on her claims by 3 April 2023.
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Deadline for further particulars
The claimant failed to comply with the order to provide further particulars.
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Warning letter
Employment Judge Martin wrote to the claimant requiring compliance within 10 days to avoid an Unless Order.
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Final warning
Employment Judge Fowell warned the claimant that non-compliance would likely result in strike out.
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Preliminary hearing and strike out
The claimant did not attend. The Tribunal struck out all claims under Rule 37.
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Claimant's response to costs application
The claimant apologised and cited personal difficulties and mental health decline.
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Costs judgment
The Tribunal ordered the claimant to pay £1,000 towards the respondent's costs.
The legal issue
Whether the claimant's claims should be struck out for failing to comply with tribunal orders and for not actively pursuing her claim, and whether a costs order should be made for unreasonable conduct.
The outcome
The tribunal struck out all claims under Rule 37 of the Employment Tribunals Rules of Procedure 2013 for failure to comply with orders and failure to actively pursue the claims. The claimant had been given multiple warnings and extensions but did not provide the required further particulars or attend the hearing.
The tribunal also ordered the claimant to pay £1,000 towards the respondent's costs because her conduct was unreasonable and showed a blatant disregard for tribunal orders.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all orders and deadlines, or risk having your claim struck out.
- Ignoring warnings from the tribunal about non-compliance will not protect your claim – the tribunal will enforce its orders.
- If you are unable to comply due to personal difficulties, you should contact the tribunal and the respondent as soon as possible to explain and seek an extension.
- Non-attendance at a hearing without explanation is likely to be treated as an indication that you do not intend to pursue your claim.
- Unreasonable conduct in proceedings can lead to a costs order against you, even if you are an unrepresented claimant.
When failing to engage costs you your claim
This case shows that bringing a claim to the employment tribunal is only the first step. Once a claim is lodged, the tribunal will issue directions to move the case forward. If a claimant fails to follow those directions – even if they have personal difficulties – the tribunal may decide to strike out the claim entirely.
The former employee in this case presented claims of unfair dismissal and disability discrimination against Greene King Retail Services Limited in November 2022. At a preliminary hearing in March 2023, she was ordered to provide further details of her claims by 3 April. Despite reminders and multiple warnings from the tribunal that her claims could be struck out, she did not comply. She also failed to attend the final preliminary hearing in August 2023, and did not respond to phone calls or emails from the tribunal on the day.
The tribunal found that her conduct showed a 'blatant disregard' for its orders and that she had no intention of pursuing her claims. It struck out all claims under Rule 37 and ordered her to pay £1,000 towards the respondent's costs – a significant penalty for an individual claimant.
What the respondent did right
Greene King Retail Services Limited kept the tribunal informed of the claimant's non-compliance and made submissions at the hearing. The respondent's solicitor highlighted the history of non-compliance and the claimant's failure to engage. This proactive approach helped the tribunal see that the respondent should not be put to further expense defending claims that were not being pursued.
What this means for similar claims
This case is a reminder that the tribunal expects both parties to engage actively. For claimants, it highlights the importance of complying with orders and communicating with the tribunal if difficulties arise. For respondents, it shows that persistent non-compliance by a claimant can be a basis for strike out and a costs award, saving time and money.
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