Claim struck out after former employee failed to comply with tribunal orders
A former employee's unfair dismissal claim against Pfizer was struck out after she repeatedly failed to comply with tribunal orders and requested a postponement 11 minutes before a 9-day hearing. She was also ordered to pay £1,200 in costs.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented a claim on 29 December 2019.
- The claimant failed to comply with case management orders to provide further particulars.
- The claimant requested a postponement 11 minutes before the final hearing on 6 September 2021.
- The claimant was ordered to pay costs of £1,200 for unreasonable conduct.
- The claim was struck out on 12 October 2022 for failure to actively pursue the claim and comply with orders.
Timeline
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Claim presented
The claimant presented her claim to the tribunal.
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Case management hearing
Orders were made for further particulars and a schedule of loss.
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Solicitors ceased acting
Slater & Gordon stopped representing the claimant.
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Final hearing postponed
The claimant requested a postponement 11 minutes before the start of the 9-day hearing.
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Preliminary hearing on strike out
The tribunal refused the respondent's strike out application but made unless orders.
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Costs judgment
The tribunal ordered the claimant to pay £1,200 costs for unreasonable conduct.
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Claim struck out
The claim was struck out for failure to actively pursue and comply with orders.
The legal issue
The tribunal had to decide whether to strike out the claim for failure to comply with orders and lack of active pursuit, and whether to award costs for unreasonable conduct.
The outcome
The tribunal struck out the claim on 12 October 2022 for failure to actively pursue the claim and comply with orders.
The key reasons were:
- The claimant failed to provide further particulars as ordered in July 2020.
- She requested a postponement only 11 minutes before the final hearing was due to start.
- Despite an unless order in September 2021, she did not fully comply.
Compensation:
- No compensation awarded (claim struck out).
- The claimant was ordered to pay £1,200 in costs for unreasonable conduct.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with case management orders or risk having your claim struck out.
- Requesting a postponement at the last minute can lead to a costs order against you.
- Acting in person does not excuse you from following tribunal procedures and deadlines.
- If you have health issues, provide medical evidence promptly to explain any delays.
What this case shows in practice
This case is a cautionary tale about the consequences of failing to engage with the tribunal process. The former employee presented her claim in December 2019, but from the outset struggled to comply with orders. Despite several opportunities to put her case in order, she repeatedly missed deadlines and only provided a statement 11 minutes before a 9-day hearing was due to start. The tribunal gave her one final chance with an unless order, but she still did not fully comply.
What the losing side could have done differently
The claimant could have avoided strike-out by:
- Providing the required further particulars on time.
- Requesting a postponement well in advance with supporting evidence.
- Complying fully with the unless order, especially by providing medical evidence to explain her difficulties.
Why the result matters for similar claims
This decision reinforces that tribunals expect claimants to actively pursue their claims. Non-compliance, especially after warnings, will likely result in strike-out. It also shows that last-minute postponement requests can lead to costs orders, even against litigants in person. Anyone considering a tribunal claim should take the procedural requirements seriously and seek advice if they are struggling to comply.
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