Claim struck out after employee failed to attend hearing and ignored tribunal orders
A former service manager's unfair dismissal claim was struck out after she failed to attend a case management hearing and did not comply with subsequent tribunal orders. Her application for reconsideration was refused.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #non-compliance
- #failure-to-attend
- #case-management-order
- #reconsideration-refused
Key facts
- The claimant failed to attend a case management hearing on 28 October 2022.
- The claimant did not comply with a case management order requiring her to provide information and an explanation for her non-attendance.
- The tribunal issued a strike-out warning on 10 November 2022, giving the claimant until 17 November 2022 to respond.
- The claimant did not respond to the strike-out warning by the deadline.
- The claim was struck out on 23 November 2022.
- The claimant's application for reconsideration was refused on 7 February 2023.
Timeline
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Case management hearing
The claimant failed to attend the hearing. Employment Judge Moore issued a case management order requiring the claimant to provide information and an explanation for her non-attendance within 7 days.
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Strike-out warning
The tribunal sent the claimant a strike-out warning for failing to comply with the case management order, giving her until 17 November 2022 to object or request a hearing.
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Claim struck out
Employment Judge Harfield struck out the claim due to non-compliance and lack of active pursuit.
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Reconsideration application
The claimant emailed the tribunal, which was treated as an application for reconsideration of the strike-out decision.
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Reconsideration refused
Employment Judge Harfield refused the reconsideration application, finding no reasonable prospect of varying or revoking the strike-out.
The legal issue
The tribunal had to decide whether to strike out the claim for non-compliance with a case management order and failure to actively pursue it, and whether to reconsider that decision.
The outcome
The tribunal struck out the claim on 23 November 2022. The claimant had failed to attend a case management hearing on 28 October 2022 and did not comply with an order to provide an explanation and confirm her contact details. Despite a strike-out warning giving her until 17 November 2022 to respond, she did not do so.
The claimant's application for reconsideration was refused on 7 February 2023. The tribunal found no reasonable prospect of varying or revoking the strike-out, noting that the claimant had been contacted multiple times about the hearing and had acknowledged receiving some communications.
Lessons & takeaways
- Always attend tribunal hearings or request an adjournment in advance if you cannot attend — non-attendance can lead to strike-out.
- Respond to tribunal orders and warnings promptly, even if you are busy or overwhelmed — silence is treated as non-compliance.
- Keep your contact details up to date with the tribunal and check your email regularly, especially if you are pursuing a claim.
- If you miss a deadline, explain why immediately and ask for more time — a late explanation may not prevent strike-out.
This case shows how quickly an employment claim can collapse if a claimant fails to engage with the tribunal process. The former service manager had brought an unfair dismissal claim based on public interest disclosure, but her case was struck out before it could be heard on its merits.
The trouble began when she missed a case management hearing on 28 October 2022. She told the tribunal clerk she had been called into work and that her email inbox was 'snowed under'. The tribunal gave her a second chance: a case management order requiring her to explain her non-attendance and confirm her contact details within seven days. She did not comply.
A strike-out warning followed on 10 November 2022, giving her until 17 November to object or request a hearing. Again, she did not respond. The tribunal struck out the claim on 23 November 2022. Even when she later applied for reconsideration, the tribunal noted that she had been contacted multiple times about the hearing — by email, by the respondent, and by tribunal staff — and had acknowledged receiving some communications.
What the respondent did right
Enable Care Services (South Wales) Ltd kept the tribunal informed of the claimant's non-compliance and attended the case management hearing. They also copied the claimant into emails pointing out the procedural errors, which helped demonstrate that the claimant was receiving communications.
Why this matters
Employment tribunals expect claimants to take an active role in progressing their cases. Missing hearings and ignoring orders — even when under pressure at work — can lead to strike-out with no compensation. The tribunal's decision was procedural, not about the merits of the claim, but the result is the same: the claim is gone.
For anyone considering a tribunal claim, the lesson is clear: respond to every communication, attend every hearing, and ask for help if you need it. The tribunal may be sympathetic to genuine difficulties, but only if you explain them in time.
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