Claim struck out after former employee fails to attend hearings or comply with directions
An employment tribunal struck out an unfair dismissal claim after the claimant repeatedly failed to attend hearings, comply with case management directions, or respond to the tribunal's requests.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant did not attend the full merits hearing on 4 July 2022.
- The claimant failed to comply with case management directions and a request for further particulars.
- The respondent attended the hearing with a representative and an operations manager.
- The tribunal found the claimant had acted unreasonably and not actively pursued the claim.
- The claim was struck out under rule 37 of the 2013 Rules.
Timeline
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Request for further particulars
The tribunal sent a request for further and better particulars of claim to the claimant via email.
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Case management order
The tribunal issued an order with directions for the claimant to comply with.
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First full merits hearing
The hearing did not proceed because the claimant did not attend and the respondent received late notification.
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Tribunal request for update
The tribunal asked the claimant to indicate whether the claim was being actively pursued.
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Second full merits hearing
The claimant did not attend; the respondent attended. The claim was struck out.
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Judgment sent
The judgment striking out the claim was sent to the parties.
The legal issue
Whether the claim should be struck out because the claimant had conducted proceedings unreasonably by failing to engage with the tribunal and not actively pursuing the claim.
The outcome
The tribunal struck out the claim under rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
The key reasons were:
- The claimant did not attend two full merits hearings (October 2021 and July 2022).
- The claimant failed to comply with case management directions and a request for further particulars.
- The claimant did not respond to the tribunal's request to confirm whether the claim was being actively pursued.
- The tribunal found it was no longer possible to have a fair hearing due to the claimant's failures.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Attend all hearings or contact the tribunal in advance if you cannot attend — failure to do so can lead to your claim being struck out.
- Respond promptly to tribunal requests and comply with case management directions to avoid being seen as acting unreasonably.
- If you lose interest in your claim, consider withdrawing it formally rather than ignoring proceedings, which can result in a strike out and potential costs.
- Seek advice early if you are struggling to comply with tribunal orders — the tribunal may be willing to adjust deadlines if you explain your circumstances.
This case shows what happens when a claimant disengages entirely from the tribunal process. The former employee brought an unfair dismissal claim against JK Technosoft UK Limited but then failed to attend two full merits hearings, ignored case management directions, and did not respond to the tribunal's request to confirm whether the claim was still being pursued. The respondent attended both hearings, but the claimant gave no explanation for his absence.
What the tribunal considered
The tribunal considered whether to strike out the claim under rule 37 of the Employment Tribunals Rules, which allows a claim to be struck out if the claimant has conducted proceedings unreasonably or has not actively pursued the claim. The judge noted that the claimant had not complied with any of the tribunal's directions, including a request for further particulars sent in February 2020 and a case management order from January 2021. The tribunal also found that the claimant's failure to attend hearings made a fair hearing impossible.
What the respondent did right
The respondent attended both hearings with a representative and an operations manager, demonstrating a willingness to engage with the process. This contrasted sharply with the claimant's complete lack of engagement and likely reinforced the tribunal's view that the claim should be struck out.
Key takeaway for similar claims
This case is a reminder that bringing a claim is only the first step — you must actively pursue it. Failing to attend hearings, comply with directions, or respond to the tribunal can result in your claim being struck out without any consideration of its merits. If you are unable to proceed, it is better to withdraw the claim formally than to ignore proceedings.
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