Claim struck out after two years of non-compliance: a fair hearing no longer possible

This case shows how a claim can be struck out not because it lacks merit, but because the claimant fails to engage with the tribunal process. The former employee had been dismissed by Wilkinson Retail Ltd and brought claims for unfair dismissal and disability discrimination. However, over two years he repeatedly failed to comply with case management orders, such as providing medical records and an impact statement. Despite several warnings and opportunities to put things right, the situation deteriorated to the point where a fair hearing was no longer possible.

What went wrong

The tribunal gave the claimant multiple chances. At each preliminary hearing, he either did not attend or explained that he was mentally unwell. The tribunal acknowledged his difficulties and did not strike out the claim earlier. But by the fifth hearing, the respondent's witnesses had left the company or were about to leave, meaning their evidence would be less reliable. The claimant himself did not attend that hearing. The tribunal concluded that the delay and non-compliance had made a fair trial impossible.

What the losing side could have done differently

The claimant could have sought help earlier – from a solicitor, an advice agency, or by asking the tribunal for adjustments to accommodate his mental health. The tribunal had shown flexibility, but there is a limit. If you are struggling to comply with orders, it is vital to communicate with the tribunal and the other side, and to ask for extensions or changes if needed. Ignoring the process will almost always backfire.

Why this matters

This case is a reminder that tribunals expect parties to engage actively. While they will make allowances for genuine difficulties, they also have to balance the rights of the respondent to have a case resolved within a reasonable time. If you bring a claim, you must be prepared to follow the rules – or risk losing your day in court entirely.