Trainee practitioner's claim struck out after failing to comply with tribunal orders
A former trainee assistant psychological wellbeing practitioner had her unfair dismissal and discrimination claims struck out after repeatedly failing to comply with case management orders and not responding to a strike-out warning.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed from 14 February 2013 until dismissal on 22 January 2020 as a Trainee Assistant Psychological Wellbeing Practitioner.
- She presented claims of unfair dismissal, disability discrimination, sex discrimination, and public interest disclosure detriment.
- Case management orders were made on 9 December 2020 requiring the claimant to provide further particulars and other steps by various deadlines.
- The claimant did not comply with any of the case management orders by the time of the strike out judgment on 16 March 2022.
- The claimant did not respond to the Tribunal's letter of 8 March 2022 warning of potential strike out.
- At the reconsideration hearing, the claimant argued she had already provided the required information, but the Tribunal found she had not complied.
Timeline
-
Employment start
Claimant began employment with the respondent.
-
Dismissal
Claimant was dismissed effective this date.
-
Claim presented
Claimant entered her claim at the Tribunal.
-
Case management hearing
Employment Judge Whittaker conducted a preliminary hearing and made case management orders.
-
Orders sent
Case management summary sent to parties, with amended compliance dates.
-
Appeal dismissed
Claimant's appeal to the Employment Appeal Tribunal was dismissed.
-
Strike out application
Respondent applied to strike out the claim for non-compliance and lack of pursuit.
-
Warning letter
Tribunal wrote to claimant warning of potential strike out, requiring response by 15 March 2022.
-
Strike out judgment
Employment Judge Phil Allen struck out the claim for non-compliance and failure to pursue.
-
Reconsideration application
Claimant sent document treated as application to reconsider the strike out.
-
Reconsideration hearing
Held by CVP; claimant represented herself, respondent by counsel.
-
Reconsideration judgment
Employment Judge Allen confirmed the strike out decision.
The legal issue
Whether the claimant's claim should be reinstated after it was struck out for non-compliance with tribunal orders and failure to pursue the claim actively.
The outcome
The tribunal confirmed the strike-out of the claimant's claims for unfair dismissal, disability discrimination, sex discrimination, and whistleblowing detriment.
The key reasons were:
- The claimant failed to comply with any of the case management orders made in December 2020.
- She did not respond to the tribunal's warning letter of 8 March 2022, which gave her a deadline to explain why the claim should not be struck out.
- At the reconsideration hearing, she argued she had provided the required information, but the tribunal found she had not.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Always comply with tribunal case management orders and deadlines, even if you believe you have already provided the information.
- Respond promptly to any tribunal correspondence, especially warning letters about potential strike-out.
- If you are struggling to comply due to health or other reasons, inform the tribunal and seek an extension or variation of orders.
- Consider seeking legal advice or representation if you find tribunal procedures difficult to navigate.
- A strike-out can be reconsidered, but you must show a good reason for non-compliance and act quickly.
What this case shows in practice
This case is a stark reminder that employment tribunals expect parties to follow their orders and engage with the process. The claimant, a trainee assistant psychological wellbeing practitioner employed by Pennine Care NHS Foundation Trust, brought multiple claims after her dismissal in January 2020. However, after a case management hearing in December 2020, she failed to take any of the steps required by the tribunal, such as providing further particulars of her claim. Despite a warning letter in March 2022 giving her a final chance to explain why her claim should not be struck out, she did not respond. The tribunal struck out the claim, and a later reconsideration hearing confirmed that decision.
What the losing side could have done differently
The claimant argued at the reconsideration hearing that she had already provided the necessary information, but the tribunal disagreed. The key mistake was not responding to the tribunal's warning letter. Even if she believed she had complied, she should have written to the tribunal to explain her position. If she was struggling due to mental health or other issues, she could have asked for more time or a variation of the orders. Instead, her silence was taken as a lack of engagement.
Why the result matters for similar claims
This case shows that tribunals will not hesitate to strike out claims where a claimant repeatedly ignores orders and fails to communicate. The fact that the claimant was unrepresented may have contributed to the outcome, but the tribunal gave her several opportunities to put her case. For anyone bringing a claim, the lesson is clear: comply with orders, respond to correspondence, and if you need help, ask the tribunal or seek advice early. A well-founded claim can be lost simply by failing to follow the rules.
Similar cases
10-year employee's unfair dismissal claim struck out after failing to comply with tribunal orders
A Media Sales Operator with 10 years' service had his unfair dismissal and discrimination claims struck out after repeatedly failing to comply with tribunal directions. The tribunal awarded costs against him.
Whistleblowing claim struck out after claimant failed to comply with tribunal orders
A head of workforce development who resigned alleging constructive dismissal and whistleblowing had her claims struck out after she repeatedly failed to comply with case management orders and stopped engaging with the tribunal.
Senior Lecturer's claim struck out after failing to attend preliminary hearing
A tribunal struck out a Senior Lecturer's unfair dismissal and race discrimination claim after he failed to attend a preliminary hearing and did not comply with orders to explain his absence. His application to reconsider was refused.
Sales consultant's claims struck out after failing to comply with tribunal orders
A sales consultant who refused to participate in the final hearing and repeatedly failed to comply with case management orders had his unfair dismissal and discrimination claims struck out. Costs orders totalling £5,548 were made against him.