Strike-out revoked after employer gave wrong email address
A former employee's unfair dismissal claim against Priory Group was back on track after the tribunal revoked a strike-out, finding the employer had not received correspondence due to an email address error.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #reconsideration
- #non-compliance
- #email-error
- #interests-of-justice
Key facts
- The claimant presented a claim on 22 February 2021.
- The respondent filed a response on 5 July 2021 but provided an incorrect email address.
- The respondent failed to comply with multiple tribunal directions and did not attend a case management hearing.
- The response was struck out on 8 February 2022 for non-compliance.
- The respondent applied for reconsideration on 24 March 2022, citing non-receipt of correspondence.
- The tribunal granted the reconsideration and revoked the strike-out on 8 April 2022.
Timeline
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Claim presented
Mrs S Glover presented her claim to the tribunal.
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Response filed
The respondent filed its response, but the email address contained an administrative error (dot in Stephanie.Walsh).
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Response accepted
The tribunal accepted the response and notified the respondent via the incorrect email address.
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First direction
The tribunal directed the respondent to comment on the claimant's disability evidence by 29 November 2021.
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Case management hearing
The respondent did not attend the hearing. The tribunal ordered the respondent to confirm whether it continued to defend the claim.
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Strike-out judgment
The tribunal struck out the response for failing to comply with directions and not actively defending the claim.
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Solicitor instructed
Knight's solicitors informed the tribunal they now represented the respondent.
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Reconsideration application
The respondent applied to set aside the strike-out, explaining the email error and that it had not received correspondence.
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Reconsideration granted
Employment Judge Bax granted the application, revoked the strike-out, and extended time for the application.
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Claimant's reconsideration refused
The claimant's application for reconsideration of the 8 April 2022 judgment was refused.
The legal issue
The tribunal had to decide whether to set aside a strike-out judgment when the respondent had failed to comply with directions and defend the claim, but claimed it had not received the tribunal's correspondence due to an incorrect email address.
The outcome
The tribunal granted the respondent's application for reconsideration and revoked the strike-out of its response. The key reason was that the respondent had provided an incorrect email address ([email protected] instead of [email protected]), meaning it did not receive the tribunal's orders or the claimant's evidence. The tribunal considered that the respondent had acted promptly once it became aware of the error and that it was in the interests of justice to allow the case to proceed.
No compensation was awarded as the strike-out was revoked and the claim will now be listed for a case management hearing.
Lessons & takeaways
- Always double-check the email address you provide to the tribunal — a single dot can make the difference between receiving important correspondence and missing it entirely.
- If you miss a deadline because of an administrative error, apply for reconsideration as soon as you discover the mistake; the tribunal may set aside a strike-out if it is in the interests of justice.
- Employers who fail to engage with tribunal proceedings risk having their response struck out, but a genuine error in contact details can be grounds for reinstatement.
- Claimants should be aware that even after a strike-out, the respondent may apply to have it revoked, which can delay the final outcome of the case.
This case shows how a simple administrative slip can derail an employment tribunal claim — and how quickly the tribunal can put things right when the mistake is genuine.
The former employee brought an unfair dismissal claim against Priory Group. The employer filed its response on time but gave the tribunal an email address with a dot in it ([email protected]) instead of the correct one ([email protected]). As a result, all subsequent correspondence from the tribunal — including orders to provide evidence and a case management hearing date — went to the wrong inbox. The employer missed four deadlines and did not attend the hearing.
What the tribunal did
Employment Judge Bax struck out the response in February 2022 for non-compliance. But when the employer's solicitors finally became aware of the problem in March 2022, they immediately asked for copies of all correspondence and applied for reconsideration. The judge granted the application, noting that the employer had acted promptly once it discovered the error and that it would be unjust to let the strike-out stand when the non-compliance was caused by an administrative mistake.
What this means for similar cases
The decision is a reminder that tribunals will look at the substance of a case, not just procedural technicalities. If a party can show that its failure to comply was due to an innocent error — and that it moved quickly to fix it — the tribunal may well give it a second chance. For claimants, this means that even after a strike-out, the case may not be over; the respondent can apply to have it revoked. For employers, it highlights the importance of ensuring that the contact details provided to the tribunal are accurate and that someone monitors the inbox for tribunal correspondence.
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