Claim struck out after representative failed to comply with tribunal orders
A former employee's unfair dismissal claim was struck out because her legal representative failed to provide medical evidence as ordered. The tribunal refused to reconsider and ordered the representative to pay £11,906.17 in wasted costs.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #wasted-costs-order
- #representative-misconduct
- #failure-to-comply
- #reconsideration
Key facts
- The claimant's representative, OASL, failed to comply with a Tribunal order to provide medical evidence.
- The claim was struck out due to non-compliance and lack of active pursuit.
- The claimant was unaware of the order and the strike-out warnings due to her representative's failures.
- The Tribunal refused to reconsider the strike-out judgment.
- A wasted costs order of £11,906.17 was made against OASL.
Timeline
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Tribunal order for medical evidence
The Tribunal granted a postponement and ordered OASL to provide medical evidence by 23 March 2018.
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Inadequate medical evidence provided
OASL provided a medical letter that did not meet the Tribunal's requirements.
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Tribunal chases compliance
The Tribunal requested the required information again.
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Strike-out warning issued
The Tribunal warned of strike-out due to non-compliance and unreasonable conduct.
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OASL responds inadequately
OASL claimed medical evidence was sent to the wrong address but provided illegible proof.
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Tribunal orders legible copies
The Tribunal ordered OASL to provide legible copies of the evidence, which was not done.
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Final deadline for compliance
The Tribunal ordered medical evidence by 3 December 2018; OASL failed to comply.
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Final strike-out warning
The Tribunal warned of strike-out and gave the claimant until 27 December 2018 to respond; no response.
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Claim struck out
Employment Judge Findlay struck out the claim due to non-compliance and lack of active pursuit.
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Hearing on reconsideration and costs
Employment Judge Kelly heard applications for reconsideration and wasted costs.
The legal issue
Whether the claim should be reinstated after being struck out due to the representative's non-compliance, and whether a wasted costs order should be made against the representative for unreasonable conduct.
The outcome
The tribunal confirmed the strike-out of the claim and ordered the claimant's representative, One Assist Legal Services Ltd (OASL), to pay £11,906.17 in wasted costs.
The claim was struck out because OASL repeatedly failed to comply with tribunal orders to provide medical evidence. The claimant was unaware of the orders and warnings due to OASL's failures, but the tribunal held that the strike-out was justified.
Compensation breakdown:
- Wasted costs order against OASL: £11,906.17
- No award to the claimant.
Lessons & takeaways
- If you use a representative, you are still responsible for compliance with tribunal orders – ignorance of their failures is not a defence.
- Representatives who act unreasonably can face personal liability for wasted costs, which can be substantial.
- Tribunals will strike out claims that are not actively pursued, even if the lack of activity is due to your representative.
- Applying for reconsideration of a strike-out is unlikely to succeed if the original decision was procedurally correct.
This case highlights the risks of relying on a representative who fails to comply with tribunal directions. The former employee's claim against Priory Education Services Ltd was struck out because her representative, OASL, repeatedly ignored orders to provide medical evidence. The claimant was unaware of the orders and warnings, but the tribunal held that the strike-out was correct.
What went wrong
OASL failed to provide the required medical evidence after a postponement was granted. Despite multiple warnings and a final deadline, they did not comply. The tribunal struck out the claim for non-compliance and lack of active pursuit. The claimant later applied for reconsideration, arguing she was not at fault, but the tribunal refused, noting the original decision was procedurally sound.
The wasted costs order
The tribunal also ordered OASL to pay £11,906.17 in wasted costs, finding their conduct unreasonable. This shows that representatives can be held personally liable for costs caused by their failures. For claimants, it is a reminder to stay involved in your case and ensure your representative is acting properly.
Key takeaway
While it is common to rely on representatives, the ultimate responsibility for compliance lies with you. If your representative fails to follow orders, your claim can be struck out, and you may have limited options to challenge that decision. Always keep in direct contact with the tribunal and monitor deadlines.
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