Claim struck out after employee failed to provide disability impact statement
A former employee's unfair dismissal and disability discrimination claims were struck out after he repeatedly failed to comply with tribunal orders to provide a disability impact statement, and did not attend any hearings.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed by reason of redundancy on 6 March 2020.
- The claimant brought claims for unfair dismissal and disability discrimination.
- The claimant failed to comply with an unless order to provide a disability impact statement.
- The claim was struck out on 21 October 2021 for non-compliance.
- The claimant's application to set aside the strike out was refused on 10 March 2023.
- The claimant did not attend any hearing in the case.
Timeline
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Dismissal
The claimant was dismissed by reason of redundancy.
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Claim presented
The claimant brought claims for unfair dismissal and disability discrimination.
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Case management order
Employment Judge Martin ordered the claimant to provide a disability impact statement.
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Extended deadline
The deadline for the disability impact statement was extended to 9 April 2021.
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Unless order
Employment Judge Mclaren issued an unless order requiring the disability impact statement by 10 September 2021.
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Strike out warning
A strike out warning was issued due to apparent non-pursuit of the claim.
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Strike out
Employment Judge Wright struck out the claim for non-compliance with the unless order.
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Application to set aside
The claimant applied to set aside the strike out order.
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Re-hearing of set aside application
Employment Judge Fredericks heard the application to set aside the strike out.
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Judgment
The application to set aside was refused; the claim remains struck out.
The legal issue
The tribunal had to decide whether it was in the interests of justice to set aside a strike out order where the claimant had failed to comply with an unless order and had not attended any hearings.
The outcome
The tribunal refused the claimant's application to set aside the strike out, meaning his claims for unfair dismissal and disability discrimination remain struck out.
The key reasons were:
- The claimant had not complied with an unless order requiring a disability impact statement, despite multiple extensions.
- The claimant had not attended any of the three hearings in the case.
- The claimant had not provided any explanation for his non-compliance or non-attendance.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you are bringing a claim, comply with tribunal orders and deadlines, especially unless orders which carry a threat of strike out.
- If you have health issues that prevent you from complying, inform the tribunal promptly and provide evidence, such as a medical note.
- Attend all hearings or request an adjournment in advance if you cannot attend.
- If you are acting in person, seek advice or support from organisations like ACAS or a law centre to help you understand and comply with tribunal procedures.
This case shows the serious consequences of failing to engage with the employment tribunal process. The former employee brought claims for unfair dismissal and disability discrimination after being made redundant by EDF Energy Limited in March 2020. However, he did not attend any hearings and failed to provide a disability impact statement as ordered by the tribunal, despite multiple extensions and an unless order warning that the claim would be struck out if he did not comply.
What went wrong
The tribunal issued an unless order in June 2021, giving the claimant until September 2021 to provide the statement. When he did not comply, the claim was struck out in October 2021. The claimant then applied to set aside the strike out, but the tribunal refused. The judge noted that the claimant had not attended any of the three hearings, had not provided any explanation for his non-compliance, and had not even provided a statement explaining what his disabilities were or how they impacted him.
What the employer did right
EDF Energy's solicitor acted commendably by drawing the tribunal's attention to points in the claimant's favour, such as his and his wife's illnesses. However, the tribunal found that the claimant's failure to engage outweighed any potential merits of his claim.
Why this matters
This case is a reminder that tribunals expect claimants to actively pursue their claims and comply with orders. If you have a disability or health issues, you must provide evidence and request adjustments in advance. Simply relying on health problems without proper documentation or communication will not protect your claim from being struck out.
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