Strike out for wholesale non-compliance: a warning for claimants who ignore tribunal orders

This case shows how a potentially valid unfair dismissal claim can be thrown out not on its merits, but because the claimant failed to engage with the tribunal process. The former employee presented his claim in January 2022, but then did nothing to progress it. He ignored all case management directions, did not provide any documents or witness statements, and gave last-minute conflicting reasons for not attending the final hearing.

What the tribunal considered

The tribunal weighed the claimant's late postponement requests against the overriding objective to deal with cases fairly and justly. It noted that the claimant had adequate notice of the hearing but took no steps to prepare. His reasons for absence were inconsistent – first work, then illness – and unsupported by evidence. The tribunal decided to proceed in his absence.

On the strike-out application, the tribunal found the non-compliance was total: no disclosure, no schedule of loss, no witness statements, no bundle. The claimant had not explained why he failed to comply, even after a warning letter. The tribunal concluded that no fair hearing could take place and struck out the claim.

What could have been done differently

The claimant could have complied with the directions, or at least sought extensions or explained his difficulties. If he could not attend, he should have applied for a postponement earlier with a clear reason and evidence. Instead, his silence and inconsistent excuses left the tribunal with no choice but to strike out.

Why this matters

This case is a stark reminder that employment tribunals expect parties to follow their orders. A claim will not survive if the claimant does not participate. For anyone considering bringing a claim, the key lesson is to engage fully from the start – or risk losing the case before it is even heard.