Strike out revoked after tribunal sent correspondence to wrong email address
A former employee's unfair dismissal claim was reinstated after the tribunal admitted it sent key correspondence to the wrong email address, causing the claim to be struck out for non-response.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #reconsideration
- #non-receipt-of-correspondence
- #tribunal-error
Key facts
- The claim was struck out on 8 August 2022 for not being actively pursued.
- The claimant's solicitors did not receive the tribunal's letter of 7 July 2022 due to an administrative error.
- The claimant applied for reconsideration on 29 September 2022, the day after learning of the strike out.
- The tribunal found the error was its own fault for sending correspondence to the wrong email address.
- The strike out judgment was revoked and the claim reinstated.
Timeline
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Change of solicitor notified
Claimant's solicitors wrote to the tribunal informing them of a change of fee earner and providing new contact details.
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Tribunal letter to claimant
The tribunal wrote to the claimant asking for representations as to why the claim should not be struck out for lack of active pursuit. The letter was sent to the old solicitor's email address.
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Strike out judgment
Employment Judge Meichen struck out the claim due to no response from the claimant.
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Claimant learns of strike out
The claimant's solicitors first became aware of the strike out judgment and the July letter.
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Application for reconsideration
The claimant applied for reconsideration through her solicitor, explaining the non-receipt of correspondence.
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Respondent's objection
The respondents objected to reconsideration, arguing the solicitors should have monitored the old email and that the application was late.
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Reconsideration granted
Employment Judge Meichen granted reconsideration, revoked the strike out, and reinstated the claim.
The legal issue
Whether a strike out judgment should be reconsidered and revoked in the interests of justice when the claimant did not receive the tribunal's correspondence due to an administrative error.
The outcome
The tribunal granted the claimant's application for reconsideration and revoked the strike out judgment, reinstating the claim.
The key reasons were:
- The tribunal's letter of 7 July 2022 was sent to the old solicitor's email address, despite the claimant's solicitors having notified the tribunal of a change of fee earner and new contact details in April 2022.
- The claimant's solicitors only learned of the strike out on 28 September 2022, the day before a scheduled preliminary hearing, and applied for reconsideration the next day.
- The tribunal found the error was its own fault and that it was in the interests of justice to reconsider.
No compensation was awarded as the claim was reinstated for further proceedings.
Lessons & takeaways
- Always notify the tribunal promptly of any change in your solicitor's contact details, and consider following up to confirm receipt.
- If correspondence from the tribunal goes missing, apply for reconsideration as soon as you become aware of the issue – delay can harm your case.
- Tribunals have a broad discretion to reconsider judgments where it is necessary in the interests of justice, especially if the error was the tribunal's own.
- Respondents may object to reconsideration on grounds of delay or prejudice, but the tribunal will balance these against the need for fairness.
This case shows how a simple administrative error can derail an employment claim – and how the tribunal can put things right. The former employee's unfair dismissal claim was struck out because her solicitors did not respond to a tribunal letter they never received. The letter had been sent to the email address of a solicitor who had left the firm, despite the firm having notified the tribunal of the change months earlier.
What the tribunal did
The tribunal acknowledged its own mistake. It had missed the notification of the new fee earner's contact details and continued using the old email address. When the claimant's solicitors learned of the strike out – only a day before a scheduled hearing – they immediately applied for reconsideration. The tribunal granted it, revoking the strike out and reinstating the claim.
What the losing side argued
Busy Bees Nurseries Limited objected to the reconsideration, arguing that the solicitors should have monitored the old email account and that the application was late. However, the tribunal found that the solicitors' failure to monitor the old email was not a sufficient reason to deny reconsideration, especially given that the error originated with the tribunal.
Why this matters
This case is a reminder that procedural fairness is a priority for employment tribunals. Even when a claim is struck out for non-compliance, if the failure was due to a tribunal error, the claim can be revived. For claimants, it underscores the importance of keeping contact details up to date and acting quickly if correspondence goes missing. For respondents, it shows that objections based on technical delay may not succeed if the underlying error was not the claimant's fault.
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