Claims struck out after former employee failed to comply with tribunal orders and stopped engaging
A tribunal struck out claims for automatic unfair dismissal and race discrimination after the claimant failed to comply with orders and made no contact for over a year.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 4 March 2020 and brought claims for automatic unfair dismissal and race discrimination.
- The claimant had less than 2 years' service, so could not bring an ordinary unfair dismissal claim.
- The claimant failed to comply with multiple tribunal orders, including providing further information about her claims.
- The claimant did not attend the final hearing on 9 May 2023 and had not contacted the tribunal or respondent for over a year.
- The claimant had been sectioned under the Mental Health Act but provided no evidence of incapacity.
Timeline
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Dismissal
The claimant was dismissed from her employment.
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Claim presented
The claimant brought claims for automatic unfair dismissal and race discrimination.
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Re-employment
The respondent re-employed the claimant.
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Case management hearing
A telephone case management hearing was held; the claimant attended but required an interpreter.
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Preliminary hearing
The claimant did not attend; case management orders were made.
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Claimant's last contact
The claimant emailed the tribunal stating she was sectioned under the Mental Health Act.
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First strike-out application
The respondent applied to strike out the claim for non-compliance.
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Tribunal declined to strike out
The tribunal declined to make an order but indicated a review in 8 weeks.
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Tribunal requested update
The tribunal wrote to the claimant requesting an update; no response received.
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Second strike-out application
The respondent made a further application to strike out.
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Final hearing and strike-out
The claimant did not attend; the tribunal struck out all claims.
The legal issue
Whether the tribunal should strike out claims when the claimant has repeatedly failed to comply with case management orders and has not actively pursued the case, even where mental health issues have been mentioned.
The outcome
The tribunal struck out all claims for automatic unfair dismissal and race discrimination.
The key reasons were:
- The claimant failed to comply with numerous tribunal orders, including providing further information about her claims.
- She did not attend the final hearing and had not contacted the tribunal or respondent for over a year.
- Although she had been sectioned under the Mental Health Act, she provided no evidence of incapacity and had been able to contact the tribunal previously.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- If you bring a claim, you must comply with tribunal orders or explain why you cannot — failure to do so can lead to your case being struck out.
- Mentioning mental health difficulties is not enough; you need to provide evidence, such as medical reports, to show you cannot participate.
- Keep in touch with the tribunal and the other side — a long period of silence can be seen as abandoning your claim.
- If you cannot attend a hearing, contact the tribunal as soon as possible to explain and request an adjournment.
This case shows how a tribunal can strike out claims when a claimant stops engaging with the process. The former employee brought claims for automatic unfair dismissal and race discrimination, but from early on she struggled to provide clear details of her case. Despite several opportunities to comply with orders — including a case management hearing and a preliminary hearing — she did not provide the required information.
What went wrong
The former employee had been sectioned under the Mental Health Act and mentioned this to the tribunal. However, she did not provide any medical evidence to show she lacked capacity or was unable to comply with orders. After March 2022, she made no further contact with the tribunal or the respondent. The tribunal tried to reach her by phone and email on the day of the final hearing, but got no response.
The tribunal noted that there is a presumption of capacity, and that detention under the Mental Health Act does not automatically mean a person cannot manage their case. Without evidence, the tribunal could not excuse the non-compliance.
Why the result matters
For anyone considering an employment tribunal claim, this case is a reminder that the process requires active participation. If you are struggling due to health issues, you should seek advice and provide the tribunal with medical evidence as soon as possible. Simply telling the tribunal you have been sectioned is not enough to pause or excuse your obligations.
The tribunal also highlighted that the former employee had less than two years' service, which meant she could not bring an ordinary unfair dismissal claim — only automatic unfair dismissal and discrimination claims. This is a common trap for claimants with short service.
Ultimately, the case was struck out before it could be heard on its merits. The respondent, Just Ask Estate Services Ltd, did not have to defend the claims further.
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