Unfair dismissal claim struck out for non-compliance and vexatious conduct
A counter manager's unfair dismissal claim against DPD Group UK Limited was struck out after she failed to comply with tribunal orders and did not actively pursue her case. She was ordered to pay £9,853.65 in costs.
1 min read · Last updated 18 May 2026
Key facts
- Miss Vosper was employed as a Counter Manager from 29 November 2017 until dismissal on 11 January 2021.
- She issued a claim for unfair dismissal on 21 May 2021.
- The Tribunal found that Miss Vosper failed to comply with case management orders and did not actively pursue her claim.
- Her claim was struck out on 28 March 2022 for vexatious and unreasonable conduct.
- A costs order of £9,853.65 was made against her after reconsideration.
Timeline
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Employment started
Miss Vosper began employment as a Counter Manager.
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Dismissal
Miss Vosper was dismissed from her role.
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ACAS Early Conciliation started
ACAS Early Conciliation began.
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ACAS Early Conciliation ended
ACAS Early Conciliation concluded.
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Claim issued
Miss Vosper issued a claim for unfair dismissal.
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Notice of Hearing sent
The Tribunal sent a Notice of Hearing with case management orders.
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Claimant received email
Miss Vosper received an email from respondent's solicitors about strike out.
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Strike out hearing
The Tribunal struck out Miss Vosper's claim for vexatious and unreasonable conduct.
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Costs hearing
The Tribunal made a costs order of £6,783.70.
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Reconsideration hearing
The costs order was varied to £9,853.65.
The legal issue
The tribunal had to decide whether to strike out the claimant's unfair dismissal claim due to her failure to comply with orders, lack of active pursuit, and conduct that was deemed vexatious and unreasonable.
The outcome
The tribunal struck out the claimant's unfair dismissal claim on 28 March 2022. The decision was based on the claimant's failure to comply with case management orders, her lack of active pursuit of the claim, and her conduct which was found to be vexatious and unreasonable. A costs order was initially made for £6,783.70, later varied to £9,853.65 after a reconsideration hearing.
Lessons & takeaways
- Always comply with tribunal case management orders and deadlines, or risk having your claim struck out.
- If you do not receive a tribunal order, contact the tribunal immediately to request a copy and explain the situation.
- Engage with the respondent's solicitors and respond to their communications to show you are actively pursuing your claim.
- Consider seeking legal advice or representation if you are unsure about tribunal procedures.
- Failure to actively pursue a claim can lead to a strike out and a costs order against you.
This case shows how failing to engage with tribunal proceedings can lead to a claim being struck out and a significant costs order. The claimant, a former counter manager for DPD Group UK Limited, issued an unfair dismissal claim but did not comply with case management orders, including providing a schedule of loss and disclosure. She also did not respond to the respondent's communications, leading to a strike out application.
What went wrong
The tribunal found that the claimant's conduct was vexatious and unreasonable. Despite receiving emails and a strike out warning, she did not take the necessary steps to progress her claim. The tribunal noted that she did not actively pursue the case, which was a key factor in the strike out.
The outcome
The claim was struck out, and the claimant was ordered to pay costs of £9,853.65. This highlights the risks of not following tribunal procedures and the potential financial consequences. For anyone considering bringing a claim, it is essential to comply with orders, respond to communications, and actively pursue the case to avoid similar outcomes.
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