Strike-out bid refused: disclosure dispute fails to derail unfair dismissal claim
A former employee's attempt to strike out Royal Mail's defence for alleged disclosure failures was refused, with the tribunal finding no material breach. The underlying unfair dismissal claim will proceed to a full hearing.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #discovery-failure
- #false-documents-allegation
- #preliminary-hearing
Key facts
- The claimant applied to strike out the respondent's defence for failure to comply with a disclosure order.
- The claimant also alleged the respondent knowingly disclosed false documents.
- The respondent provided a supplemental statement explaining its disclosure efforts.
- The claimant withdrew the false documents allegation due to lack of particularisation.
- The tribunal found no material failure in discovery by the respondent.
Timeline
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Claimant summarily dismissed
The claimant was summarily dismissed by Royal Mail Group Limited.
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First case management hearing
Employment Judge Gumbiti-Zimuto held a case management hearing and set out issues and directions.
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Issues amended
The issues were slightly amended at the claimant's request.
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Main hearing listed but vacated
The main hearing scheduled for four days from 6 September 2021 was vacated due to lack of judicial resources.
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Main hearing commenced but aborted
The hearing before Employment Judge Eeley was aborted because a panel member became unable to continue.
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Respondent requested extension for disclosure
The respondent asked the claimant for an extension to comply with disclosure orders until 25 May 2022.
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Claimant applied for strike out
The claimant applied to strike out the respondent's defence for failure to comply with disclosure orders and for allegedly disclosing false documents.
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Preliminary hearing on strike out application
Employment Judge Britton heard the strike out application and refused it, finding no material failure in discovery.
The legal issue
The tribunal had to decide whether the respondent had failed to comply with a disclosure order and whether it had knowingly disclosed false documents, such that its defence should be struck out.
The outcome
The tribunal refused the claimant's application to strike out the respondent's defence. The key reasons were:
- The respondent provided a supplemental statement explaining its disclosure efforts and had complied as far as it could.
- The claimant withdrew the allegation of false documents due to lack of particularisation.
- The tribunal found no material failure in discovery.
The case will proceed to the main hearing already scheduled.
Lessons & takeaways
- Strike-out applications based on disclosure failures are rarely granted unless there is a clear and deliberate breach.
- Claimants who allege false documents must provide specific particulars; vague allegations are likely to be withdrawn or dismissed.
- Respondents can protect themselves by providing detailed statements explaining their disclosure efforts.
- Preliminary hearings on procedural issues can delay the main claim, so it's important to focus on the substantive issues.
This case illustrates the high bar for striking out a respondent's defence due to disclosure failures. The former employee, representing himself, argued that Royal Mail had failed to comply with a disclosure order and had knowingly disclosed false documents. However, the tribunal found that the respondent had made reasonable efforts to comply and that the false documents allegation lacked any supporting detail.
What the tribunal looked at
The key issue was whether Royal Mail had failed to produce documents relating to two incident numbers. The tribunal reviewed the respondent's supplemental statement and found that the documents in question were either already in the bundle or were irrelevant to the claim. The claimant had also withdrawn the false documents allegation after being asked to provide particulars.
Why the application failed
The tribunal emphasised that strike-out is a draconian remedy, reserved for cases where there has been a clear and deliberate failure to comply with orders. Here, the respondent had provided an extension request and a detailed explanation of its search efforts. The tribunal concluded there was no material failure in discovery.
What this means for similar claims
For claimants, this case is a reminder that procedural applications can be risky if not properly supported. Without clear evidence of a deliberate breach, tribunals are unlikely to strike out a defence. For respondents, it shows the value of keeping a clear record of disclosure efforts and being prepared to explain any gaps. The underlying unfair dismissal claim will now proceed to a full hearing, where the merits will be decided.
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