Store manager's unfair dismissal claim struck out for failing to comply with tribunal orders

This case shows how failing to engage with the tribunal process can derail a claim entirely, regardless of its potential merits. The former store manager was dismissed after an interaction with a shoplifter and an internal disciplinary process. He presented an unfair dismissal claim, but then failed to comply with straightforward case management orders requiring him to provide a compensation schedule and a witness statement.

What went wrong

The claimant missed two clear deadlines and did not respond to emails from the respondent or the tribunal. He sent some emails from former colleagues protesting his dismissal, but did not provide his own witness statement. When the tribunal issued a strike out warning, he did not reply. On the day of the final hearing, he did not attend and did not answer phone calls or emails.

The tribunal emphasised that strike out is a draconian sanction, but concluded that a fair trial was impossible without the claimant's participation. The respondent had complied with all orders and had witnesses ready, but the claimant had not provided any evidence or attended to give his account.

What the respondent did differently

Co-operative Group Limited complied with all orders, sent its witness statements on time, and even emailed the claimant to remind him of his obligations. The tribunal noted that the respondent's communications were clear and helpful.

Why this matters

This case is a reminder that tribunals expect claimants to actively pursue their cases. Non-compliance with orders and failure to attend hearings can lead to strike out, even if the underlying claim might have had some merit. The tribunal's focus is on whether a fair trial can still take place, and without the claimant's cooperation, that becomes impossible.