Ground operations lead loses unfair dismissal claim after failing to comply with tribunal orders
A ground operations lead's claims for unfair dismissal and race discrimination against British Airways were struck out after he repeatedly failed to comply with case management orders and did not attend the preliminary hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a ground operations lead from 28 November 2016 to 20 January 2022.
- He presented claims for unfair dismissal and race discrimination on 19 May 2022.
- The claimant failed to comply with case management orders to provide a schedule of loss and particulars of the discrimination claim.
- He did not respond to a strike out warning letter dated 18 December 2022.
- The claimant did not attend the preliminary hearing on 12 January 2023, citing work responsibilities.
Timeline
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Employment started
The claimant began working for British Airways PLC.
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Employment ended
The claimant's employment ended.
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ACAS early conciliation started
The claimant gave notice to ACAS for early conciliation.
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ACAS certificate issued
ACAS issued a certificate, starting the limitation period.
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Claim presented
The claimant presented claims for unfair dismissal and race discrimination.
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Case management orders issued
The Tribunal ordered the claimant to provide a schedule of loss by 5 September 2022 and particulars of discrimination by 19 September 2022.
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First non-compliance email from respondent
The respondent emailed the Tribunal about the claimant's failure to comply with orders.
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Second non-compliance email
The respondent again emailed the Tribunal about non-compliance.
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Claimant's response to respondent
The claimant replied to the respondent, stating he had provided some information via ACAS.
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Strike out warning letter sent
The Tribunal warned the claimant that his claim could be struck out for non-compliance.
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Claimant applied for postponement
The claimant emailed the Tribunal, citing work responsibilities and requesting a postponement.
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Preliminary hearing
The claimant did not attend; the Tribunal struck out the claim.
The legal issue
The tribunal had to decide whether to strike out the claimant's claims for unfair dismissal and race discrimination due to his failure to comply with case management orders and his non-attendance at the hearing.
The outcome
The tribunal struck out all of the claimant's claims.
The key reasons were:
- The claimant failed to provide a schedule of loss and particulars of his discrimination claim by the deadlines set.
- He did not respond to a strike out warning letter from the tribunal.
- He did not attend the preliminary hearing, and his last-minute request for a postponement was refused.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Always comply with tribunal orders and deadlines, or apply for an extension before the deadline passes.
- Respond promptly to any warning letters from the tribunal about potential strike out.
- Attend all hearings unless you have a very strong reason and have obtained a postponement in advance.
- If you are representing yourself, make sure you understand the procedural requirements and seek advice if needed.
This case shows how failing to engage with the tribunal process can be fatal to an employment claim, even if the underlying allegations might have had merit.
What happened
The claimant, a ground operations lead with five years' service, brought claims for unfair dismissal and race discrimination against British Airways. However, he did not comply with case management orders requiring him to provide a schedule of loss and detailed particulars of his discrimination claim. After several warnings, the tribunal sent a strike out warning letter, which he ignored. He then failed to attend the preliminary hearing, citing work responsibilities, but his last-minute postponement request was refused.
What the losing side could have done differently
The claimant could have complied with the orders, or at least explained his difficulties and asked for more time. He could have responded to the strike out warning and attended the hearing. By doing none of these, he gave the tribunal no choice but to strike out his claims.
Why this matters
This case is a reminder that tribunals expect parties to follow their directions. Non-compliance can lead to claims being struck out before they are ever heard on their merits. Claimants who are representing themselves should take particular care to understand and meet procedural requirements.
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