Claim struck out after failure to comply with tribunal orders
A former employee's unfair dismissal claim was struck out after he repeatedly failed to comply with tribunal orders, including providing a witness statement and further information.
1 min read · Last updated 18 May 2026
Key facts
- The claimant applied to postpone the final merits hearing due to COVID-19 symptoms.
- The claimant failed to comply with tribunal orders to provide further information and a witness statement.
- The tribunal granted a postponement but ordered the claimant to comply with orders within two weeks.
- The claimant did not comply with the orders and failed to respond to a strike-out warning.
- The claim was struck out due to the claimant's failure to comply with tribunal orders.
Timeline
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Events giving rise to claim
The material events of the claim occurred in late 2020 and early 2021.
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Claim presented
The claimant presented his claim to the tribunal.
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Orders by EJ Ferguson
Employment Judge Ferguson made orders requiring the claimant to provide further information.
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Postponement application
The claimant emailed the tribunal at 20:48 requesting postponement due to COVID-19 symptoms.
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Postponement granted
The tribunal granted the postponement and made further orders for compliance.
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Strike-out warning
The tribunal gave the claimant an opportunity to show cause why the claim should not be struck out.
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Claim struck out
Employment Judge Ferguson struck out the claim due to non-compliance with orders.
The legal issue
The tribunal had to decide whether the claim should be struck out because the claimant failed to comply with tribunal orders, including providing a witness statement and further particulars of his claim.
The outcome
The tribunal struck out the former employee's unfair dismissal claim against National Utilities Ltd.
The key reason was the claimant's persistent failure to comply with tribunal orders, despite being given multiple opportunities and a clear warning that the claim could be struck out.
No compensation was awarded as the claim was struck out before any merits hearing.
Lessons & takeaways
- Tribunal orders are not optional — failing to comply can lead to your claim being struck out, even if you have a potentially strong case.
- If you need a postponement due to illness, provide medical evidence promptly and copy your application to the other side.
- Act quickly if you receive a strike-out warning — ignoring it is likely to result in your claim being dismissed.
- Representing yourself does not excuse non-compliance; tribunals expect all parties to follow their directions.
This case shows how failing to comply with tribunal directions can derail a claim, even before it reaches a full hearing. The former employee had brought an unfair dismissal claim against National Utilities Ltd, but the tribunal struck it out because he repeatedly ignored orders to provide further information and a witness statement.
What went wrong
The claimant had been given clear deadlines by the tribunal, including an order to provide a witness statement and to comply with a previous order for further information. After he applied to postpone the final hearing due to COVID-19 symptoms, the tribunal granted the postponement but gave him two weeks to comply with the outstanding orders. He did not do so, and also failed to respond to a subsequent strike-out warning.
The tribunal noted that the claimant had not provided any explanation for his non-compliance. Despite being unrepresented, he was expected to follow the same rules as any other party. The tribunal concluded that his failure to comply was deliberate or at least negligent, and that no further adjournment or warning would be effective.
What the respondent did
National Utilities Ltd opposed the postponement and highlighted the claimant's history of non-compliance. The tribunal agreed with the respondent's concerns, noting that the claimant's failures risked the tribunal's ability to hear the case fairly.
Why this matters
This case is a reminder that employment tribunals expect parties to comply with orders promptly. Claimants who ignore directions — even if they are representing themselves — risk having their claim struck out. The tribunal will usually give a warning first, but if there is no response, strike-out is likely. Anyone pursuing a claim should treat tribunal orders as deadlines that cannot be missed.
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