Former employee's claims struck out after failing to engage with tribunal
A tribunal struck out a former employee's unfair dismissal, age discrimination, and disability discrimination claims after he failed to respond to case management orders and a strike-out warning.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was not continuously employed for two years ending with the effective date of termination.
- The claimant failed to respond to a tribunal letter asking why the unfair dismissal complaint should not be struck out.
- The claimant failed to respond to case management orders regarding age and disability discrimination complaints.
- The unfair dismissal complaint was struck out for lack of jurisdiction.
- The age and disability discrimination complaints were struck out for not being actively pursued.
Timeline
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Tribunal letter to claimant
The tribunal gave the claimant until 16 November 2022 to show cause why his unfair dismissal complaint should not be struck out.
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Case management orders
The tribunal gave the claimant an opportunity to make representations regarding age and disability discrimination complaints.
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First strike-out judgment
Employment Judge Horne struck out the unfair dismissal complaint.
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Second strike-out judgment
Employment Judge Cookson struck out the age and disability discrimination complaints.
The legal issue
The tribunal had to decide whether to strike out the unfair dismissal complaint due to lack of jurisdiction (the employee had less than two years' continuous service) and whether to strike out the age and disability discrimination complaints because the employee was not actively pursuing them.
The outcome
The tribunal struck out all of the former employee's complaints.
- The unfair dismissal complaint was struck out because the employee did not have the required two years' continuous service to bring such a claim, and none of the statutory exceptions applied.
- The age and disability discrimination complaints were struck out because the employee failed to respond to case management orders or otherwise show that he was actively pursuing those claims.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- To bring an unfair dismissal claim, you generally need at least two years' continuous service with your employer, unless an exception applies.
- If the tribunal asks you to respond to a strike-out warning, you must reply within the deadline, or your claim may be struck out.
- Failing to respond to case management orders or otherwise progress your case can lead to your claims being struck out for lack of prosecution.
- Always seek legal advice early if you are unsure about the eligibility requirements for your tribunal claim.
This case shows what happens when a claimant fails to engage with the employment tribunal process. The former employee brought claims for unfair dismissal, age discrimination, and disability discrimination against Seqirus UK Ltd, but the tribunal struck out all of them before they could be heard on their merits.
Why the claims failed
The unfair dismissal claim had a fundamental problem from the start: the employee had not been continuously employed for the two years required by section 108 of the Employment Rights Act 1996. The tribunal gave him a chance to argue why the claim should not be struck out, but he did not respond. Without a reply, the tribunal had no choice but to strike it out.
The discrimination claims faced a different issue. After the tribunal issued case management orders, the employee again failed to respond or show that he was actively pursuing those complaints. The tribunal therefore struck them out for non-compliance.
What the employer did right
Seqirus UK Ltd did not need to do much — the employee's lack of engagement meant the claims were unlikely to proceed. However, the employer could have been more proactive in flagging the jurisdictional issue early, though the tribunal ultimately addressed it.
What this means for similar claims
This case is a reminder that bringing a tribunal claim is not just about filing a form. Claimants must meet strict eligibility criteria — such as the two-year service requirement for unfair dismissal — and must respond to tribunal communications promptly. Ignoring letters or orders from the tribunal can result in the claim being struck out without any consideration of the underlying facts. If you are considering a claim, make sure you understand the legal requirements and stay engaged with the process.
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