Claim struck out after employee failed to comply with tribunal orders
A former employee's unfair dismissal claim was struck out after they repeatedly failed to comply with case management orders and missed a deadline to respond to a strike-out application. The tribunal also refused a later request to reconsider the decision.
2 min read · Last updated 18 May 2026
Key facts
- The claimant failed to comply with case management orders dated 29 July 2020.
- The respondent applied to strike out the claim on 24 March 2021.
- The tribunal gave the claimant until 10am on 14 April 2021 to respond to the strike out proposal.
- The claimant did not respond by the deadline, and the claim was struck out on 14 April 2021.
- The claimant applied for reconsideration on 2 July 2021, but the application was refused.
Timeline
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Case management orders issued
The tribunal issued case management orders setting deadlines for compliance in September, October, and November 2020, and fixed a hearing for 15 April 2021.
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Respondent applied to strike out
The respondent applied to strike out the claim due to the claimant's non-compliance with case management orders.
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Respondent sent chaser
The respondent sent a chaser email regarding the strike out application, copied to the claimant.
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Claimant objected to strike out
The claimant sent an email objecting to the strike out but did not address the alleged breaches of case management orders.
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Tribunal gave deadline to respond
The tribunal sent a letter giving the claimant until 10am on 14 April 2021 to respond to the strike out proposal.
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Claim struck out
The claimant did not respond by the deadline, and the claim was struck out. The judgment was sent to the parties at 14:32.
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Claimant sent belated response
The claimant sent an email at 12:03pm with attachments, including a response to the strike out and medical evidence, but it was after the deadline.
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Claimant applied for reconsideration
The claimant submitted an email seeking reconsideration of the strike out judgment.
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Reconsideration refused
Employment Judge Quill refused the reconsideration application, upholding the strike out.
The legal issue
The tribunal had to decide whether to strike out the claim due to the employee's non-compliance with case management orders and lack of active pursuit, and whether to reconsider that decision later.
The outcome
The tribunal struck out the claim on 14 April 2021 after the employee failed to respond to a deadline set by the tribunal. The employee had not complied with earlier orders and only sent a belated response the next day. A later application for reconsideration was refused in July 2023 because the employee did not provide a good enough reason to revisit the decision.
- No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Always comply with tribunal case management orders and deadlines, or risk having your claim struck out.
- If you miss a deadline, respond as soon as possible and explain why you were late – but don't assume the tribunal will accept it.
- An application for reconsideration must be made within 14 days of the judgment, unless there are special reasons.
- The tribunal expects parties to actively pursue their claims; failing to do so can lead to strike-out even before a final hearing.
This case shows how failing to engage with tribunal procedures can end a claim before it ever gets to a hearing. The former employee brought an unfair dismissal claim against ISS Facility Services Ltd but did not comply with case management orders issued in July 2020. Those orders set deadlines for steps like exchanging evidence and preparing for a final hearing scheduled for April 2021.
When the employer applied to strike out the claim in March 2021, the tribunal gave the employee a final chance: respond by 10am on 14 April 2021 explaining why the claim should not be struck out. The employee sent an email objecting to the strike-out on 8 April but did not address the missed deadlines. Crucially, they did not respond to the tribunal's specific deadline. The claim was struck out that day.
The employee sent a belated response the next day, but it was too late. A later application for reconsideration, made over two months after the judgment, was refused because it was not made promptly and did not show that the original decision was wrong.
What the employer did right
ISS Facility Services Ltd followed the correct procedure by applying to strike out when the employee failed to comply with orders. The tribunal also gave the employee a clear warning and a final deadline, which is standard practice before striking out a claim.
What the employee could have done differently
The employee could have complied with the original orders or, if they were struggling, asked the tribunal for more time. When the strike-out application was made, they should have responded to the tribunal's deadline – not just sent a general objection. Even a short explanation for the delay might have helped.
Why this matters
Tribunals have wide powers to manage cases and will strike out claims if parties do not cooperate. This case is a reminder that bringing a claim is not enough – you must follow the tribunal's directions and respond to deadlines. The interests of justice include finality, so late applications for reconsideration are rarely successful.
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