Claim struck out after employee stopped responding to tribunal
A former employee's unfair dismissal and discrimination claim was struck out after he failed to comply with orders, respond to correspondence, or attend the hearing. The tribunal found his delay was intentional and disrespectful.
1 min read · Last updated 18 May 2026
Key facts
- The claimant presented a claim on 28 November 2022 alleging unfair dismissal, disability discrimination, and unpaid wages.
- The claimant failed to comply with case management orders, including providing further particulars and a schedule of loss.
- The claimant did not respond to correspondence from the tribunal or the respondent.
- The claimant did not attend the preliminary hearing on 10 May 2023.
- The tribunal found the claimant's delay was intentional and disrespectful.
Timeline
-
Claim presented
The claimant presented a claim alleging unfair dismissal, disability discrimination, and unpaid wages.
-
Case management hearing scheduled
Parties were advised of a case management hearing by telephone on 10 May 2023.
-
Case management orders issued
Acting Regional Employment Judge Burgher issued orders including further particulars by 1 March 2023, agreed schedule of issues by 26 April 2023, schedule of loss by 1 March 2023, and disclosure by 1 May 2023.
-
Claimant requested cancellation
The claimant emailed the tribunal requesting the case management hearing be cancelled.
-
Tribunal asked for clarification
The tribunal wrote to the claimant asking if the email amounted to a withdrawal.
-
Strike out warning
Employment Judge Walker wrote to the claimant proposing to strike out the claim for lack of active pursuit or dismiss as withdrawn, giving a deadline of 9 May 2023 to object.
-
Preliminary hearing and strike out
The claimant did not attend the open preliminary hearing. Employment Judge Brewer struck out the claims under rule 37(1)(d) for not being actively pursued.
The legal issue
The tribunal had to decide whether the claim should be struck out because the claimant had not actively pursued it, having failed to comply with orders, respond to correspondence, or attend the hearing.
The outcome
The tribunal struck out the former employee's claims for unfair dismissal, disability discrimination, and unpaid wages.
The key reason was that the claimant had done nothing to actively pursue the claim after presenting it. He failed to comply with case management orders, did not respond to correspondence from the tribunal or the respondent, ignored a strike-out warning, and did not attend the hearing.
The tribunal found the delay was intentional and disrespectful, falling squarely under rule 37(1)(d) of the Employment Tribunal Rules.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you bring a claim, you must comply with tribunal orders and respond to correspondence, or your claim may be struck out.
- Ignoring a strike-out warning is almost certain to result in your claim being dismissed.
- Failing to attend a hearing without a good reason can lead to your claim being struck out for non-pursuit.
- Tribunals expect claimants to actively pursue their claims; silence and inaction are treated as intentional delay.
What this case shows
This case is a stark reminder that bringing a claim to an employment tribunal is only the first step. Once a claim is presented, the claimant must actively engage with the process. Here, the former employee presented a claim alleging unfair dismissal, disability discrimination, and unpaid wages, but then did nothing else. He failed to provide further particulars or a schedule of loss as ordered, did not respond to letters from the tribunal or the respondent, and ignored a clear warning that his claim might be struck out.
What went wrong
The tribunal gave the claimant every opportunity to explain his inaction. When he emailed asking for the hearing to be cancelled, the tribunal asked if he wanted to withdraw. He did not reply. When a strike-out warning was issued, he was given a deadline to object. He did not. On the day of the hearing, he did not attend or offer any explanation. The tribunal concluded that this was not a case of a claimant who had simply lost interest — it was intentional and disrespectful behaviour.
Why this matters
Employment tribunals have limited resources and expect parties to follow their rules. A claimant who fails to comply with orders, ignores correspondence, and does not attend hearings risks having their claim struck out, regardless of its merits. This case also shows that tribunals will not chase claimants — the responsibility to pursue the claim lies with the person who brought it. For anyone considering a tribunal claim, the message is clear: once you start, you must stay engaged.
Similar cases
Claims struck out after employee failed to comply with tribunal orders
A former employee's claims for constructive unfair dismissal, disability discrimination, and age discrimination have been struck out after repeated failures to comply with tribunal orders and participate in hearings.
Claims struck out after former employee fails to attend hearing or comply with orders
A former employee's unfair dismissal and disability discrimination claims have been struck out after he failed to attend a preliminary hearing and did not comply with tribunal orders to provide evidence.
Former employee's claim struck out after failing to comply with tribunal orders
A former employee's unfair dismissal claim against Navaratna South Indian Restaurant Ltd. was struck out after she failed to attend a hearing and did not comply with case management orders. No compensation was awarded.
Claim struck out after claimant and his son failed to attend hearings
A former employee's unfair dismissal claim was struck out after he and his son repeatedly failed to attend hearings and did not comply with tribunal directions.