Claim struck out after employee failed to comply with orders and did not attend hearing
A former employee's claim for breach of contract and unlawful deductions was struck out after he failed to comply with tribunal orders and did not attend the final hearing, citing health reasons without providing medical evidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant issued proceedings on 8 January 2022 claiming constructive unfair dismissal, breach of contract, and unlawful deductions.
- The unfair dismissal claim was struck out on 8 September 2022 for lack of jurisdiction due to insufficient service.
- The remaining claims were transferred to Watford Employment Tribunal.
- The claimant failed to comply with case management orders regarding disclosure and witness evidence.
- The claimant did not attend the final hearing and emailed the tribunal on the morning of the hearing citing health reasons without providing medical evidence.
- A strike out warning was issued on 27 February 2023, but the claimant did not respond by the deadline of 7 March 2023.
Timeline
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Claim issued
The claimant issued proceedings in the London South Employment Tribunal claiming constructive unfair dismissal, breach of contract, and unlawful deductions.
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Unfair dismissal claim struck out
Employment Judge Aspinall struck out the unfair dismissal claim for lack of jurisdiction due to insufficient service.
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Notice of Hearing and Orders sent
The tribunal sent the claimant a Notice of Hearing with Case Management Orders requiring disclosure and witness evidence.
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Respondent served documents
The respondent complied with the disclosure order by serving documents.
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Claimant's disclosure deadline
The claimant failed to complete disclosure by this extended deadline.
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Respondent applied to strike out
The respondent applied for a strike out order due to the claimant's non-compliance.
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Strike out warning issued
Employment Judge Gumbiti-Zimuto issued a strike out warning, giving the claimant until 7 March 2023 to respond.
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Deadline for response to warning
The claimant did not provide reasons or request a hearing by this deadline.
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Hearing and strike out
The claimant did not attend the hearing; the tribunal struck out the claim for non-compliance and failure to actively pursue.
The legal issue
The tribunal had to decide whether to strike out the remaining claims (breach of contract and unlawful deductions) because the claimant had not complied with orders and had not actively pursued the claim.
The outcome
The tribunal struck out the claim in its entirety.
The key reasons were:
- The claimant failed to comply with orders for disclosure and witness evidence, even after extensions.
- He did not respond to a strike-out warning by the deadline.
- He emailed the tribunal on the morning of the hearing citing health reasons but provided no medical evidence.
- The tribunal found he had not actively pursued the claim and that continuing would waste tribunal resources.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Always comply with tribunal orders and deadlines, or apply for an extension before the deadline passes.
- If you cannot attend a hearing due to health reasons, provide medical evidence as soon as possible, not just an email on the day.
- Respond to any strike-out warnings promptly and in writing, even if you are unwell or abroad.
- Actively pursuing your claim means engaging with the process, not just issuing proceedings and then going silent.
This case shows what can happen when an employee brings a tribunal claim but then fails to engage with the process. The former employee had already lost his unfair dismissal claim for lack of service, leaving only claims for breach of contract and unlawful deductions. But from December 2022, he stopped complying with orders.
What went wrong
The tribunal gave the claimant clear instructions: provide disclosure and exchange witness evidence by set dates. The respondent complied, and even agreed to two extensions. But the claimant did nothing. When a strike-out warning was issued in February 2023, giving him until 7 March to explain why the claim should continue, he did not reply. On the morning of the hearing, he emailed to say he was in India recovering from a medical procedure and could not pursue the claim. But he offered no medical evidence and had known about the hearing for months.
Why the result matters
Employment tribunals expect both sides to follow orders. If a claimant repeatedly fails to comply and does not respond to warnings, the tribunal may strike out the claim even if the underlying case has merit. The tribunal emphasised that it had given the claimant 'sufficient opportunities' and that his conduct made it 'not proportionate' to continue using tribunal resources.
For anyone bringing a claim, the lesson is clear: tribunals are busy, and they will not keep cases open for claimants who do not participate. If you have genuine health problems, you must provide evidence and ask for adjustments in advance — not on the day of the hearing.
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