Claims struck out after former employee failed to comply with tribunal orders
A former employee's unfair dismissal and discrimination claims against Aspinalls Club were struck out after repeated failures to provide required documents and respond to tribunal orders.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant failed to provide a disability impact statement and medical documents by the deadline of 25 November 2022.
- The tribunal gave multiple extensions and warnings about striking out the claim.
- The claimant requested a further four weeks on 23 February 2023 but did not comply.
- The claimant did not respond to the tribunal's order of 26 April 2023.
- The discrimination claim was struck out on 26 May 2023.
- The remaining claims were struck out on 29 June 2023 for failure to confirm active pursuit.
Timeline
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Preliminary hearing
Case management orders made, including deadline for disability impact statement and medical documents by 25 November 2022.
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Tribunal order
Ordered claimant to provide documents or apply for extension by 23 February 2023, warning of strike out.
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Claimant's request for extension
Claimant requested a further four weeks to submit outstanding documents.
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Final warning
Tribunal noted deadline had passed, ordered documents within 7 days, warned of strike out.
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First strike out judgment
Discrimination claim struck out for non-compliance; unfair dismissal and breach of contract claims to proceed.
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Deadline to confirm active pursuit
Claimant ordered to confirm by 4pm whether pursuing remaining claims, warned of strike out.
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Final strike out judgment
Remaining claims struck out for failure to respond; final hearing vacated.
The legal issue
The tribunal had to decide whether to strike out the claims because the claimant repeatedly failed to comply with case management orders and did not actively pursue the case.
The outcome
The tribunal struck out the entire claim. The discrimination claim was struck out first for non-compliance with orders to provide a disability impact statement and medical documents. The unfair dismissal and breach of contract claims were later struck out because the claimant did not respond to a final order to confirm whether they were still pursuing those claims.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Always comply with tribunal deadlines – missing them can lead to your entire claim being struck out.
- If you need more time, apply for an extension before the deadline and follow up promptly.
- Respond to all tribunal communications, even if you have not yet gathered all your evidence.
- A pattern of non-compliance, even with reasonable excuses, risks the tribunal losing patience.
This case shows how failing to engage with the tribunal process can be fatal to an employment claim, regardless of its underlying merits. The former employee brought claims for unfair dismissal, disability discrimination, and breach of contract against Aspinalls Club Limited. However, the tribunal never reached the substance of those claims because the claimant repeatedly missed deadlines and ignored orders.
What went wrong
The tribunal made standard case management orders in September 2022, requiring the claimant to provide a disability impact statement and medical documents by November 2022. The claimant did not comply. Over the following months, the tribunal granted extensions and issued warnings, but the claimant still failed to provide the documents. By April 2023, the tribunal gave a final warning that the discrimination claim would be struck out if the documents were not provided within seven days. No response came, and the discrimination claim was struck out in May 2023.
Even after that, the tribunal gave the claimant a chance to save the remaining claims for unfair dismissal and breach of contract. It ordered the claimant to confirm in writing by 6 June 2023 whether they intended to pursue those claims. Again, the claimant did not reply. The tribunal struck out the remaining claims on 29 June 2023 and vacated the final hearing.
What could have been done differently
The claimant could have avoided strike-out by simply communicating with the tribunal. If they were struggling to obtain medical evidence, they could have applied for a further extension before the deadline, explained the delay, and provided a realistic timeline. Even a short response to the final order to confirm active pursuit would have kept the claim alive. Silence is almost always interpreted as abandonment.
Why this matters
This case is a reminder that employment tribunals expect parties to take their obligations seriously. While the rules allow for flexibility and extensions, there comes a point where persistent non-compliance leads to strike-out. Claimants who are unable to meet deadlines should seek advice and keep the tribunal informed. Ignoring orders will not make the case go away – it will simply end it, without any consideration of the merits.
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