Strike-out of employment claim partially reversed for undisputed notice and holiday pay
A former employee's claims for unfair dismissal and disability discrimination were struck out for failing to pursue them, but the tribunal allowed her claims for notice pay and holiday pay to proceed as they were undisputed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented claims including unfair dismissal and disability discrimination in November 2020.
- The claimant failed to comply with directions issued on 5 January 2021 to provide further particulars of her disability discrimination claim.
- The claimant was warned on 25 May 2021 and 4 April 2022 that the claim might be struck out for not being actively pursued.
- The claimant did not respond to the 4 April 2022 warning or comply with the directions.
- The respondent acknowledged that a payment was due for notice and accrued holiday pay.
- The tribunal partially reinstated the claim for the undisputed parts (notice and holiday pay) but struck out the rest.
Timeline
-
Claim presented
Miss Helen Rolle presented claims including unfair dismissal and disability discrimination to the Employment Tribunal.
-
Directions issued
Employment Judge Ferguson issued directions requiring the claimant to provide further particulars of her disability discrimination claim.
-
First strike-out warning
The Tribunal warned the claimant that it was considering striking out the claim for not being actively pursued.
-
Claimant's response
The claimant emailed the Tribunal stating she had been pursuing her claim through ACAS.
-
Second strike-out warning
The Tribunal sent a second warning, explaining that ACAS involvement was not sufficient and requiring compliance with the January 2021 directions by 18 April 2022.
-
Original strike-out judgment
Employment Judge Abbott struck out the entire claim for failure to actively pursue it.
-
Reconsideration application
The claimant applied for reconsideration of the strike-out judgment.
-
Further grounds for reconsideration
The claimant sent an email with additional grounds for reconsideration.
-
Reconsideration refused
Employment Judge Abbott refused the reconsideration application.
-
Appeal letter
The claimant sent a letter purporting to appeal, which was treated as a further reconsideration application.
-
Final reconsideration judgment
Employment Judge Abbott varied the original judgment: struck out the disputed claims but allowed the undisputed parts (notice and holiday pay) to proceed.
The legal issue
Whether the entire claim should be struck out for not being actively pursued, or only the disputed parts, given that the respondent conceded liability for notice and holiday pay.
The outcome
The tribunal varied its original judgment to strike out only the unfair dismissal and disability discrimination claims, while allowing the claims for notice pay and holiday pay to proceed. The original strike-out was based on the claimant's failure to comply with directions to provide further particulars of her disability discrimination claim and her failure to actively pursue the claim despite two warnings. However, the tribunal noted that the respondent had acknowledged a payment was due for notice and holiday pay, so those parts should not have been struck out. The reconsideration was granted because the tribunal had not considered all relevant materials (an email from the claimant) when refusing the earlier reconsideration application.
Lessons & takeaways
- If you bring a claim, you must actively pursue it and comply with tribunal directions, or risk having it struck out.
- Engaging with ACAS is not a substitute for complying with tribunal directions or actively progressing your claim in the tribunal.
- If a respondent admits liability for part of your claim, that part may survive a strike-out even if other parts are struck out.
- If you miss a deadline, you can still apply for reconsideration, but you need to show a good reason and act promptly.
This case shows the importance of actively pursuing an employment tribunal claim and complying with directions. The former employee presented claims for unfair dismissal and disability discrimination in November 2020, but failed to provide further particulars of her disability discrimination claim as directed in January 2021. Despite two warnings that the claim might be struck out, she did not comply, leading to the entire claim being struck out in July 2022.
However, the tribunal later realised it had not considered an email from the claimant setting out further grounds for reconsideration. After reviewing that email, the tribunal varied its decision: the unfair dismissal and disability discrimination claims remained struck out, but the claims for notice pay and holiday pay were allowed to proceed because the respondent had acknowledged those sums were due. This partial reinstatement reflects the principle that undisputed parts of a claim should not be struck out simply because the disputed parts are not being pursued.
What the losing side could have done differently
The claimant could have avoided the strike-out by simply responding to the tribunal's directions and warnings. Even a brief explanation of her circumstances might have persuaded the tribunal to give her more time. Instead, she relied on ACAS conciliation, which the tribunal had already explained was not sufficient.
Why this result matters
This case highlights that tribunals will not tolerate inaction, but they will also ensure that undisputed claims are not unfairly dismissed. For employees, it underscores the need to take tribunal directions seriously and to keep the tribunal informed of any difficulties in complying. For employers, it confirms that admitting liability for part of a claim does not protect the rest from being struck out if the claimant fails to pursue it.
Similar cases
Less than two years' service: unfair dismissal claim struck out, but notice and holiday pay awarded
A former employee who was dismissed without notice after less than two years' service had their unfair dismissal claim struck out, but won £1,514 for notice and holiday pay.
Former employee's unfair dismissal and disability claims struck out after failure to engage with tribunal
A tribunal struck out a former employee's claims of unfair dismissal and disability discrimination after she admitted inappropriate touching, failed to attend hearings, and ignored tribunal communications.
Former employee awarded £4,924 for unpaid wages, holiday pay and notice pay
A Watford tribunal found Invicta Care and Training Ltd. unlawfully deducted wages and failed to pay holiday pay and notice pay, awarding the former employee £4,924.02.
Employer's failure to comply with tribunal orders leads to strike out and £15,000 award
A local authority employee was awarded £15,483 after her employer's response was struck out for failing to comply with case management orders, leaving the tribunal unable to hold a fair hearing.