Former employee's claim struck out after failing to attend hearings
A former employee who brought claims of unfair dismissal and discrimination against London Underground Limited has had all his claims struck out after failing to attend two preliminary hearings and not responding to tribunal orders.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #failure-to-attend
- #strike-out
- #not-actively-pursued
Key facts
- The claimant presented claims of unfair dismissal, age discrimination, disability discrimination, notice pay, arrears of pay, and holiday pay on 28 January 2022.
- The claimant failed to attend a preliminary hearing on 24 February 2023 and did not respond to an order requiring him to confirm whether he wished to continue his claims.
- The claimant did not attend the rescheduled preliminary hearing on 14 April 2023 and did not respond to attempts to contact him.
- The tribunal struck out all claims under Rule 37(1)(d) for not being actively pursued.
Timeline
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Claim presented
The claimant presented a claim form bringing complaints of unfair dismissal, age discrimination, disability discrimination, notice pay, arrears of pay, and holiday pay relating to his dismissal for gross misconduct.
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Case listed for hearings
The tribunal listed a preliminary hearing (case management) for 24 February 2023 and a final hearing for 22-26 April 2024.
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Representative withdraws
The claimant's former representative, Mr Herrera, informed the tribunal he was no longer representing the claimant.
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First preliminary hearing
The claimant did not attend the preliminary hearing. Employment Judge Siddall re-listed it for 14 April 2023 and ordered the claimant to notify the tribunal within 14 days whether he wished to continue or withdraw his claims, warning that failure to respond could lead to strike out.
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Second preliminary hearing and strike out
The claimant did not attend and did not respond to attempts to contact him. The tribunal struck out all claims under Rule 37(1)(d) for not being actively pursued.
The legal issue
Whether the tribunal should strike out a claim when the claimant fails to attend hearings, does not respond to orders, and appears to have lost interest in pursuing the case.
The outcome
The tribunal struck out all the claimant's claims of unfair dismissal, age discrimination, disability discrimination, notice pay, arrears of pay, and holiday pay.
The key reason was that the claimant did not attend the first preliminary hearing, failed to respond to an order to confirm whether he wished to continue, missed the second hearing, and did not respond to attempts to contact him. The tribunal found his conduct showed a complete disregard for the process and that he had lost interest in his claim.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- If you bring a tribunal claim, you must attend all hearings and respond to tribunal orders, or your claim may be struck out.
- If you lose interest in your claim, it is better to withdraw formally than to ignore proceedings, as a strike out can have cost consequences.
- Keep the tribunal and the respondent updated with your contact details and any changes in representation to avoid missing important communications.
This case shows what can happen when a claimant disengages from the tribunal process entirely. The former employee brought a range of claims against London Underground Limited, including unfair dismissal and discrimination, but then failed to attend two preliminary hearings and did not respond to orders or attempts to contact him.
What the tribunal did
The tribunal struck out all claims under Rule 37(1)(d) of the Employment Tribunals Rules of Procedure 2013, which allows a claim to be struck out if it has not been actively pursued. The judge noted that the claimant had not engaged in any meaningful way since presenting his claim, and that his conduct appeared intentional, showing a complete disregard for the process.
What the claimant could have done differently
If the claimant had lost interest or was unable to proceed, he could have withdrawn his claim formally, which would have avoided a strike out and potential cost implications. Alternatively, he could have requested a postponement if he had a good reason for not attending. Ignoring the proceedings was the worst option.
Why this matters
This case is a reminder that bringing a tribunal claim is not a one-off event – it requires ongoing engagement. The tribunal expects claimants to attend hearings, respond to orders, and keep in touch. Failure to do so can result in the claim being struck out, meaning the claimant loses the chance to have their case heard on its merits.
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