Claim struck out after claimant's scandalous conduct and repeated failures to comply with orders
An employment tribunal struck out an administrative assistant's unfair dismissal claim after she behaved disruptively, made unfounded allegations, and repeatedly failed to provide further particulars despite multiple orders.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #scandalous-conduct
- #non-compliance
- #vexatious-litigant
- #failure-to-participate
Key facts
- The claimant was employed as an administrative assistant and library assistant for around 7 months.
- The claimant was dismissed, allegedly without explanation, though the respondent says she was given 6 weeks' notice.
- The claimant brought claims for health and safety dismissal, breach of contract, automatic unfair dismissal for whistleblowing, and detriment.
- The claimant repeatedly failed to provide further particulars of her claim despite multiple orders and extensions.
- At the preliminary hearing, the claimant behaved disruptively, made unfounded allegations, and left before the afternoon session.
- The tribunal found the claimant's conduct scandalous, unreasonable, and vexatious, and struck out the claim.
Timeline
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Claim issued
The claimant issued her claim at the employment tribunal.
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First order for further particulars
The tribunal ordered the claimant to provide further particulars of her claim.
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Respondent applies for unless order
Due to non-compliance, the respondent applied for an unless order.
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Copy of original order sent
The tribunal sent a copy of the original order to the claimant, giving 14 days to reply.
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Respondent again applies for unless order
The respondent applied again for an unless order after the claimant failed to comply.
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Preliminary hearing before Judge Lewis
Judge Lewis attempted to clarify the issues and ordered further particulars by 17 January 2022.
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Claimant applies for extension
On the deadline day, the claimant applied for an extension to provide further particulars.
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Respondent applies to strike out
The respondent applied to strike out the claim due to non-compliance.
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Judge Lewis refuses strike out
Judge Lewis refused the strike out application and extended case management orders.
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Judge George's order
Judge George ordered the claimant to provide full details of any outstanding disclosure if she wished to pursue that complaint.
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Preliminary hearing before Judge Tobin
The claimant behaved disruptively, made allegations, and left after lunch. The tribunal struck out the claim.
The legal issue
The tribunal had to decide whether to strike out the claim because the claimant had failed to comply with orders and her conduct of the proceedings was scandalous, unreasonable, or vexatious.
The outcome
The tribunal struck out the entire claim. The decision was based on the claimant's repeated failure to provide further particulars of her claim despite multiple orders and extensions, and her disruptive behaviour at the final preliminary hearing, including making unfounded allegations and leaving before the afternoon session. No compensation was awarded as the claim was dismissed in its entirety.
Lessons & takeaways
- Complying with tribunal orders is essential — repeated failures can lead to your claim being struck out.
- Disruptive or scandalous behaviour at hearings can result in serious consequences, including strike-out.
- If you struggle to provide details of your claim, seek advice or apply for an extension before the deadline, not after.
- Recording tribunal hearings without permission is a criminal offence and can harm your case.
This case shows how a claimant's failure to engage with the tribunal process can lead to their entire claim being thrown out, regardless of its merits. The claimant, an administrative assistant and library assistant with only 7 months' service, alleged she was dismissed without explanation and brought claims for health and safety dismissal, breach of contract, and whistleblowing detriment. However, from the outset she struggled to provide the further particulars ordered by the tribunal to clarify her case.
Despite multiple orders, extensions, and a preliminary hearing dedicated to case management, the claimant did not provide the required details. At the final preliminary hearing, her behaviour escalated — she made unfounded allegations, refused to engage constructively, and left after the lunch break. The tribunal found her conduct scandalous, unreasonable, and vexatious, and struck out the claim under its case management powers.
What the respondent did right
John Colet School followed the correct procedures: it applied for unless orders, attended hearings, and provided a hearing bundle. The tribunal noted that the respondent had been patient and had given the claimant every opportunity to comply. This case is a reminder that employers can protect themselves by keeping clear records and seeking tribunal intervention when a claimant fails to comply with orders.
Why this matters
For claimants, this case underscores the importance of taking tribunal orders seriously. If you cannot provide information by the deadline, you should apply for an extension before it expires. Disruptive behaviour at hearings is never helpful — it can be seen as scandalous and may lead to strike-out. For employers, it shows that persistent non-compliance by a claimant can be grounds to have the claim dismissed without a full hearing on the merits.
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