Claim struck out after employee stopped engaging with tribunal and employer
An unfair dismissal claim against Currys Group Ltd has been struck out after the former employee failed to comply with case management orders, did not contact the tribunal or employer for over four months, and did not attend the hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant failed to comply with case management orders by 14 March 2023.
- The claimant did not contact the tribunal or respondent after 31 January 2023.
- The claimant did not attend the hearing on 16 June 2023.
- The respondent applied to strike out the claim for non-compliance and lack of prosecution.
Timeline
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Case Management Hearing
Directions were given requiring the claimant to take steps by 14 March 2023.
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Case Management Order emailed
The order was sent to the parties.
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Respondent's first reminder
Respondent's solicitor emailed claimant requesting compliance.
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Respondent's second reminder
Respondent's solicitor emailed claimant requesting compliance within 7 days.
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Strike out application
Respondent applied under Rule 37 to strike out the claim.
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Respondent requested expedited consideration
Respondent asked for the strike out application to be considered as soon as possible.
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Tribunal direction
Tribunal directed that the strike out application would be considered at the hearing on 16 June 2023.
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Strike out hearing
Claimant did not attend; respondent attended. Claim struck out for non-compliance and failure to prosecute.
The legal issue
The tribunal had to decide whether to strike out the claim due to the claimant's failure to comply with case management orders and failure to prosecute the claim.
The outcome
The tribunal struck out the former employee's unfair dismissal claim against Currys Group Ltd.
The key reasons were:
- The claimant failed to comply with case management orders by 14 March 2023.
- The claimant did not contact the tribunal or the respondent after 31 January 2023.
- The claimant did not attend the strike out hearing on 16 June 2023.
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 and deadlines, or risk having your claim struck out.
- Stay in regular contact with the tribunal and the respondent; silence for several months can be seen as not actively pursuing your claim.
- Always attend scheduled hearings or inform the tribunal in advance if you cannot attend; failure to attend without explanation can lead to your claim being dismissed.
- If you are unrepresented, it is especially important to keep track of deadlines and communications, as the tribunal expects you to manage your case.
This case shows what can happen when a claimant disengages from the tribunal process. The former employee brought an unfair dismissal claim against Currys Group Ltd but stopped all communication after a case management hearing in January 2023. Despite reminders from the respondent and a tribunal direction to comply with orders by March, the claimant did nothing for over four months and failed to attend the strike out hearing.
What the tribunal considered
The tribunal found that the claimant was in serious default by not complying with case management orders. He had not contacted the tribunal or the respondent since January, and did not attend the hearing or provide any explanation. Under Rule 37, the tribunal can strike out a claim if the claimant has failed to comply with an order or has not actively pursued the claim.
What the respondent did
Currys Group Ltd acted properly by sending reminders and applying for a strike out when the claimant did not respond. The tribunal noted that all communications were sent to the claimant's email address, and the respondent even tried to call him before the hearing. The claimant's silence left the tribunal with no choice but to strike out the claim.
Why this matters
This case is a reminder that bringing a tribunal claim is not a one-off event. Claimants must actively engage with the process, comply with deadlines, and attend hearings. Failure to do so can result in the claim being struck out without any consideration of its merits. For anyone considering a claim, it is essential to stay organised and communicate with the tribunal and the other side.
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