Track technician's unfair dismissal claim struck out for failing to attend hearings
A Transport for London track technician who resigned and then failed to comply with tribunal orders or attend hearings has had his unfair dismissal claim struck out.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as a track technician from 29 June 2015 until 19 May 2021 when he resigned.
- The claimant failed to comply with case management orders, including providing a schedule of loss, disclosure, and witness statement.
- The claimant did not attend the preliminary hearing on 12 September 2022 despite being warned of the consequences.
- The claimant stated he would not attend any further hearings at London South Employment Tribunal.
- The respondent applied to strike out the claim for unreasonable conduct, non-compliance, and failure to actively pursue the claim.
Timeline
-
Resignation
The claimant resigned with immediate effect from his role as track technician.
-
ACAS early conciliation notification
The claimant notified ACAS of his claim.
-
ACAS early conciliation certificate issued
ACAS issued the early conciliation certificate.
-
Claim presented
The claimant's claim for unfair dismissal was received by the tribunal.
-
ET3 response
The respondent filed its response to the claim.
-
Case management orders
The tribunal issued orders requiring the claimant to provide a schedule of loss, exchange documents, and exchange witness statements by specified dates.
-
Partial compliance with schedule of loss
The claimant sent an email estimating his losses in general terms but without a breakdown.
-
Claimant refuses to comply
The claimant emailed the respondent stating he would not participate unless he received an appropriate response from the tribunal.
-
Respondent applies to strike out
The respondent applied to strike out the claim for non-compliance and unreasonable conduct.
-
Case management hearing (claimant absent)
Employment Judge Andrews converted the full merits hearing to a case management hearing and gave the claimant a final opportunity to attend on 12 September 2022.
-
Preliminary hearing (claimant absent)
The claimant emailed that he would not attend. The tribunal struck out the claim under Rule 37(1)(b), (c), and (d).
-
Written reasons provided
Employment Judge Braganza KC issued written reasons for the strike-out decision.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim should be struck out for unreasonable conduct, non-compliance with orders, and failure to actively pursue the claim.
The outcome
The tribunal struck out the claimant's unfair dismissal claim in its entirety.
The key reasons were:
- The claimant failed to comply with multiple case management orders, including providing a schedule of loss, disclosure, and a witness statement.
- He did not attend the preliminary hearing on 12 September 2022 despite being warned of the consequences.
- He stated he would not attend any further hearings at London South Employment Tribunal.
- The respondent's application to strike out was granted under Rule 37(1)(b), (c), and (d).
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all case management orders, such as providing a schedule of loss and witness statements, or risk having your claim struck out.
- Attend all hearings unless you have a very good reason and have told the tribunal in advance; failing to attend can lead to your claim being dismissed.
- If you are a litigant in person, seek advice or support if you are struggling with the process, as the tribunal may give you some leeway but will not tolerate persistent non-compliance.
- Communicating that you will not participate in proceedings can be seen as abandoning your claim, leading to a strike-out.
When non-compliance costs you your case
This case shows that employment tribunals expect claimants to engage properly with the process, even if they are representing themselves. The track technician resigned from his role at Transport for London in May 2021 and brought an unfair dismissal claim. However, he failed to follow the tribunal's instructions, including providing a schedule of loss, exchanging documents, and submitting a witness statement. He also refused to attend hearings, saying he would not participate unless the tribunal responded to his complaints.
What the losing side could have done differently
The claimant had several opportunities to get his case back on track. After he missed the first case management hearing in August 2022, Employment Judge Andrews gave him a final chance to attend a hearing on 12 September 2022, warning that failure to attend could result in the claim being struck out. Instead, the claimant emailed to say he would not attend. If he had attended and explained his difficulties, the tribunal might have made adjustments or given him more time. By refusing to engage, he left the tribunal with no choice but to strike out the claim.
Why this matters for similar claims
Tribunals have powers to strike out claims where a claimant acts unreasonably, fails to comply with orders, or does not actively pursue the case. This case is a reminder that bringing a claim is not enough — you must follow the rules and attend hearings. Litigants in person are not exempt from these requirements, although tribunals may give some leeway. If you are struggling, it is better to ask for help or an extension than to ignore orders or refuse to attend.
Similar cases
Failure to comply with tribunal orders leads to strike out of employment claims
A former employee's claims for unfair dismissal, race discrimination and whistleblowing detriment have been struck out after he repeatedly failed to comply with tribunal orders and did not attend hearings.
Claim struck out after claimant stopped engaging with tribunal and employer
A former employee who submitted an unfair dismissal claim and then cut all contact has had his case struck out and been ordered to pay £723.80 in costs.
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.