Former employee's claims struck out after ignoring tribunal orders and failing to attend hearing
A former employee's unfair dismissal and disability discrimination claims have been struck out after he repeatedly failed to comply with case management orders and did not attend the strike-out hearing.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #non-compliance
- #case-management-orders
- #failure-to-attend
- #disability-discrimination
- #unfair-dismissal
Key facts
- The claimant's claim form was received on 17 January 2021.
- A preliminary hearing took place on 8 March 2022 and case management orders were made.
- The claimant failed to comply with case management orders, including providing a schedule of loss, impact statement, and medical records.
- The claimant ignored multiple letters from the Tribunal, including a strike out warning.
- The claimant did not attend the strike out hearing on 3 February 2023.
- The respondent sold its business after the claimant's dismissal and was prejudiced by the delay.
Timeline
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Cause of action
The claimant's cause of action appears to be this date from the Grounds of Complaint.
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Dismissal
The claimant was dismissed on this date.
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Claim form received
The claimant's claim form was received by the Tribunal.
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Preliminary hearing
A preliminary hearing took place and case management orders were agreed, including orders for the claimant to provide documents.
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First letter from Tribunal
The Tribunal sent a letter to the claimant, which was ignored.
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Strike out warning
The Tribunal sent a letter warning that the claim may be struck out due to non-compliance and lack of active pursuit.
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Notice of strike out hearing
The claimant was sent notice of the hearing on 3 February 2023 to consider striking out the claim.
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Strike out hearing
The claimant did not attend; the Tribunal struck out the claims for unfair dismissal and disability discrimination.
The legal issue
The tribunal had to decide whether to strike out the claimant's claims for unfair dismissal and disability discrimination due to his failure to comply with case management orders and lack of active pursuit of the claim.
The outcome
The tribunal struck out both claims for unfair dismissal and disability discrimination.
The key reasons were:
- The claimant failed to provide required documents (schedule of loss, impact statement, medical records) despite a tribunal order.
- He ignored multiple letters from the tribunal, including a strike-out warning.
- He did not attend the strike-out hearing, and attempts to contact him by phone were unsuccessful.
- The respondent was prejudiced by the delay, having sold its business after the dismissal, making witness evidence harder to obtain.
No compensation was awarded as the claims were struck out in their entirety.
Lessons & takeaways
- Always comply with tribunal case management orders, such as providing documents by the deadline, to avoid risking your claim being struck out.
- Respond promptly to all tribunal correspondence, including warnings about potential strike-out, or you may lose your right to be heard.
- If you cannot attend a hearing, notify the tribunal in advance and explain why; failure to attend without explanation can lead to your claim being dismissed.
- Delays in pursuing a claim can prejudice the respondent, especially if their business has closed or witnesses' memories fade, which works against you.
This case shows how a claimant's failure to engage with the tribunal process can lead to their entire claim being thrown out, regardless of its merits. The former employee brought claims for unfair dismissal and disability discrimination against Kapetil (High Peak) Ltd T/A Toni & Guy Macclesfield, but from the start he failed to comply with the tribunal's orders. After a preliminary hearing in March 2022, he was ordered to provide a schedule of loss, an impact statement, and medical records — key documents for the respondent to prepare its defence. He provided only a photograph of his torso and a benefit sheet.
What went wrong
The tribunal sent the claimant multiple letters reminding him of his obligations, including a formal strike-out warning in October 2022. He ignored all of them. When a hearing was listed to decide whether to strike out the claims, he did not attend. The tribunal clerk even tried to call him twice on the day, but there was no answer. The respondent, which had sold its business after the dismissal, argued that the delay and lack of disclosure made it impossible to defend the case fairly. The tribunal agreed, finding that the claimant's conduct was unreasonable and that a fair trial was no longer possible.
Why this matters
Striking out a claim is a serious step that tribunals do not take lightly. However, the rules require claimants to actively pursue their cases and comply with orders. Ignoring deadlines and warnings can be fatal. For anyone considering an employment tribunal claim, this case is a reminder that the process demands cooperation and communication. If you fail to engage, you risk losing your claim entirely — even if you had a strong case on the facts.
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