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.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as a Lead Country Accountant from 2 July 2018 to 2 October 2022.
- The claimant failed to comply with an order for further information made on 3 May 2023.
- The claimant did not attend any of the scheduled hearings.
- The claimant's responses to the Tribunal were consistently late or last-minute.
- The Tribunal found the claim had not been actively pursued.
- The claim was struck out under Rule 37(1)(c) and (d).
Timeline
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Employment ended
The claimant's employment with Venator Materials UK Ltd ended.
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ET1 presented
The claimant presented his claim to the Employment Tribunal.
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Preliminary hearing listed
A preliminary hearing was listed before Employment Judge Arullendran. Neither the claimant nor his representative attended.
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Order for further information sent
The Tribunal sent an order requiring the claimant to provide further information by 23 May 2023.
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Unless order made
Employment Judge Arullendran made an unless order giving the claimant until 27 June 2023 to object.
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Letter from Employment Judge Jeram
Employment Judge Jeram wrote to the claimant requesting compliance with the earlier order.
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Strike out warning issued
Employment Judge Arullendran issued a strike out warning for non-compliance and lack of active pursuit.
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Adjournment requested
The claimant requested an adjournment due to an emergency tooth extraction.
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Claimant responded
The claimant responded about the medical emergency but refused to disclose medical records.
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Strike out judgment
Employment Judge Pitt struck out all claims for non-compliance and lack of active pursuit.
The legal issue
The tribunal had to decide whether to strike out the claimant's case for failing to comply with an order and for not actively pursuing it, after he repeatedly missed deadlines and hearings.
The outcome
The tribunal struck out all four claims: unfair dismissal, unlawful deductions from wages, public interest detriment, and direct race discrimination.
Key reasons:
- The claimant failed to provide further information ordered on 3 May 2023, despite an unless order and multiple extensions.
- He did not attend any of the listed hearings, including the final strike out hearing, and his last-minute adjournment requests were rejected.
- The tribunal found the claim had not been actively pursued.
No compensation was awarded as the claims were struck out before reaching a final hearing.
Lessons & takeaways
- Tribunals expect claimants to comply with orders and attend hearings; failure to do so can result in the case being struck out without a hearing on the merits.
- If you are a litigant in person, seek advice early and keep the tribunal informed of any difficulties – ignoring deadlines and requests for information is risky.
- Last-minute adjournment requests based on personal circumstances (e.g., medical issues or work abroad) are unlikely to succeed without proper evidence and advance notice.
- An unless order is a final warning – if you do not comply by the deadline, your case may be automatically struck out.
What this case shows
This case is a cautionary tale about the importance of engaging with the tribunal process. The former employee, a Lead Country Accountant with four years' service, brought claims for unfair dismissal, unlawful deductions from wages, whistleblowing detriment, and race discrimination. However, from the outset, he struggled to comply with procedural requirements.
Despite multiple opportunities to provide further information about his claims, he repeatedly missed deadlines. He did not attend the first preliminary hearing, and his responses to tribunal orders were consistently late. Even after an 'unless order' – a final warning that failure to comply would lead to strike out – he failed to provide the required details. He also requested adjournments at the last minute, citing a dental emergency and then working abroad, but did not provide supporting evidence.
What could have been done differently
The tribunal gave the claimant several chances to explain his non-compliance and to request a hearing to argue against strike out. He did not take those opportunities. If he had provided the requested information, even late, or attended a hearing to explain his situation, the outcome might have been different. The tribunal noted that he had a friend assisting him, but even so, the case was not actively pursued.
Why this matters
This decision reinforces that tribunals will not tolerate persistent non-compliance. Claimants – whether represented or not – must take tribunal orders seriously. The case was struck out before any findings on the merits, meaning the former employee lost the chance to have his complaints heard. For anyone considering an employment tribunal claim, the message is clear: comply with orders, attend hearings, and keep the tribunal informed of any issues – or risk losing your case entirely.
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