Claim struck out after former employee failed to comply with orders and attend hearing
A former employee's unfair dismissal claim against Dimensions UK Ltd was struck out after he failed to comply with tribunal orders and did not attend the hearing. The tribunal found his non-compliance was intentional and disrespectful.
2 min read · Last updated 18 May 2026
Key facts
- The claimant presented an ET1 on 17 June 2022.
- Case management orders were made on 24 October 2022 requiring the claimant to provide a schedule of loss and disclosure.
- The claimant did not comply with the orders and did not respond to the respondent's correspondence.
- The claimant failed to attend the hearing on 20 February 2023 despite being notified.
- The tribunal struck out the claim for non-compliance and failure to actively pursue the claim.
- The claimant's application for reconsideration was refused as it had no reasonable prospect of success.
Timeline
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Claim presented
The claimant presented his ET1 to the tribunal.
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Case management orders made
The tribunal made orders requiring the claimant to provide a schedule of loss by 22 November 2022 and disclosure by 20 December 2022.
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Claimant's mother died
The claimant's mother died, which he later cited as a reason for non-compliance.
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Deadline for schedule of loss
The claimant failed to provide a schedule of loss as ordered.
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Deadline for disclosure
The claimant failed to provide disclosure as ordered.
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Respondent applied for strike out
The respondent applied to strike out the claim due to non-compliance.
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Strike out warning sent
The tribunal sent the claimant a letter giving him an opportunity to show cause why the claim should not be struck out.
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Hearing and strike out
The claimant did not attend the hearing. The tribunal struck out the claim for non-compliance and failure to actively pursue it.
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Application for reconsideration
The claimant applied for reconsideration of the strike out judgment.
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Reconsideration refused
Employment Judge Jack refused the application for reconsideration.
The legal issue
The tribunal had to decide whether to strike out the claim for non-compliance with orders and failure to actively pursue it, after the claimant ignored deadlines and did not attend the hearing.
The outcome
The tribunal struck out the former employee's unfair dismissal claim against Dimensions UK Ltd.
- The claimant failed to provide a schedule of loss and disclosure by the required deadlines, and did not respond to the respondent's correspondence.
- He did not attend the hearing despite being notified, and the judge found his non-compliance was intentional and showed disrespect for tribunal procedures.
- 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, including providing documents and a schedule of loss by the deadlines.
- Engage with the respondent's solicitors and respond to their letters, emails, and ACAS communications to avoid being seen as failing to pursue your claim.
- Always attend any scheduled hearing or request a postponement in advance; failing to attend can lead to your claim being struck out.
- If you have personal difficulties, such as a bereavement, inform the tribunal and the respondent as soon as possible and seek extensions or adjustments.
- Ignoring tribunal warnings and orders is likely to be seen as intentional and disrespectful, leading to strike out with no opportunity to present your case.
This case shows the importance of engaging with the employment tribunal process from start to finish. The former employee presented an unfair dismissal claim against Dimensions UK Ltd but then failed to take the basic steps required to progress it. He did not provide a schedule of loss or disclose relevant documents by the deadlines set in case management orders. He also stopped responding to the respondent's solicitor, who tried to contact him by letter, email, and through ACAS without success.
What the tribunal decided
The tribunal struck out the claim under rule 37 for non-compliance with orders and for not being actively pursued. The judge noted that the claimant had been given a clear warning letter on 17 February 2023, giving him until 9 am on the hearing day to explain why the claim should not be struck out. He did not respond. On the day of the hearing, the tribunal clerk tried to call him twice, but he did not attend. The judge concluded that the failure to comply was intentional and showed disrespect for the tribunal's procedures.
What could have been done differently
If the claimant had been struggling with the process, he could have contacted the tribunal or the respondent to explain his situation. The death of his mother in October 2022 was mentioned later, but he did not raise this at the time or ask for more time. Keeping the tribunal and the other side informed, even if only to request a delay, can make a significant difference. Ignoring orders and failing to attend hearings leaves the tribunal with little choice but to strike out the claim.
Why this matters
This case is a reminder that bringing a tribunal claim is not just about filing a form. Claimants must actively pursue their case, comply with orders, and attend hearings. The tribunal has powers to strike out claims where there is intentional non-compliance or inordinate delay. For anyone considering a claim, it is essential to understand that the process requires ongoing engagement, and that personal difficulties should be communicated promptly to avoid losing the right to a hearing.
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