Former employee's claim struck out after failing to comply with tribunal orders
A former employee's unfair dismissal claim against Dr French Memorial Home Limited was struck out after she failed to attend a hearing and ignored tribunal orders, even after being given a second chance.
1 min read · Last updated 18 May 2026
Key facts
- The claimant did not attend the hearing on 8 March 2023.
- The Tribunal ordered the claimant to confirm intention to continue, identify claims, and explain non-attendance.
- The claimant failed to comply with the orders despite a clear warning of consequences.
- The claimant only contacted the Tribunal on 12 June 2023, requesting a hearing but not addressing the orders.
- The Tribunal found no evidence of any correspondence from the claimant between March and June 2023.
- The Employment Judge determined that a fair hearing was not possible due to the claimant's non-compliance.
Timeline
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Hearing
The claimant did not attend the hearing. The Tribunal made orders for the claimant to confirm intention to continue, identify claims, and explain non-attendance.
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Strike out decision
Employment Judge Tobin determined that the claim should be struck out for non-compliance with orders and lack of active pursuit.
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Incorrect strike out warning sent
The Tribunal clerk mistakenly sent a strike out warning letter instead of the strike out judgment, giving the claimant a further chance.
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Claimant's email
The claimant emailed requesting an oral hearing but did not address the previous orders or provide an explanation for non-compliance.
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Judgment sent to parties
The strike out judgment was sent to the parties.
The legal issue
The tribunal had to decide whether to strike out the claim for non-compliance with orders and failure to actively pursue the case, after the claimant missed a hearing and ignored subsequent directions.
The outcome
The tribunal struck out the former employee's unfair dismissal claim against Dr French Memorial Home Limited.
- The claimant did not attend a hearing on 8 March 2023. The tribunal ordered her to confirm her intention to continue, identify her claims, and explain her non-attendance, with a clear warning of consequences.
- She failed to comply. On 29 May 2023, the judge decided to strike out the claim, but a clerical error sent a strike-out warning instead, giving her a further chance.
- The claimant only contacted the tribunal on 12 June 2023, requesting a hearing but not addressing the outstanding orders. The judge found no evidence of any other correspondence from her between March and June.
- The judge concluded that a fair hearing was not possible due to her continued non-compliance and lack of confidence in future compliance.
- No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Always attend tribunal hearings unless you have a very good reason and have notified the tribunal in advance.
- If you miss a hearing, respond promptly and fully to any tribunal orders, including explaining why you were absent.
- A single, brief email asking for a hearing without addressing outstanding orders is unlikely to save your case.
- Tribunals have limited resources and will strike out claims where a party shows little effort to comply with directions.
- If you are representing yourself, keep copies of all correspondence and respond to tribunal communications within deadlines.
What this case shows
This case demonstrates how failing to engage with tribunal proceedings can lead to a claim being struck out entirely, even before the merits are considered. The former employee missed a hearing and then ignored clear orders from the judge to explain her absence and confirm which claims she was pursuing. Despite being given a second chance due to a clerical error, she only sent a brief email requesting a hearing without addressing the outstanding issues.
What the losing side could have done differently
The claimant could have attended the hearing or provided a valid reason for her absence in advance. After missing the hearing, she should have responded fully to the tribunal's orders, explaining why she did not attend and confirming her intention to proceed. Instead, she waited over three months before contacting the tribunal, and even then, her email did not address the specific questions asked. A prompt and thorough response would likely have kept her claim alive.
Why this matters for similar claims
Employment tribunals expect parties to comply with directions and actively pursue their claims. Non-compliance, especially after a clear warning, can result in a strike-out. This case is a reminder that representing yourself does not mean you can ignore procedural requirements — tribunals have the power to dismiss claims where a fair hearing is no longer possible due to a party's conduct.
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