Claim struck out after failing to comply with tribunal orders
A former employee's unfair dismissal claim against Jet2.com was struck out after he failed to comply with case management orders, and his application to set aside the Unless Order was dismissed.
1 min read · Last updated 18 May 2026
Case details
- #unless-order
- #strike-out
- #litigant-in-person
- #failure-to-comply
- #schedule-of-loss
Key facts
- The claimant filed a claim of unfair dismissal on 22 December 2022.
- The claimant failed to comply with case management orders issued on 11 January 2023.
- An Unless Order was issued on 14 March 2023 requiring compliance within 7 days.
- The claimant provided only two payslips, a witness statement, and a partially completed schedule of loss.
- The claim was struck out on 30 March 2023 for non-compliance.
- The claimant's application to set aside the Unless Order was dismissed on 14 September 2023.
Timeline
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Claim filed
The claimant filed a claim of unfair dismissal.
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Case management orders issued
The Tribunal sent a notice of hearing with orders for the claimant to provide a schedule of loss, relevant documents, and witness statements by various dates.
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Claimant provided payslips
The claimant sent two payslips to the respondent but did not comply with other orders.
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Respondent applied for Unless Order
The respondent applied for an Unless Order due to the claimant's non-compliance.
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Unless Order made
The Tribunal made an Unless Order requiring compliance within 7 days, sent to parties on 20 March 2023.
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Claimant submitted witness statement
The claimant emailed a witness statement from Mr George Rigby to the Tribunal but not the respondent.
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Claimant provided partial schedule of loss
The claimant sent a partially completed schedule of loss to the respondent, one day after the Unless Order deadline.
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Claim struck out
The Tribunal struck out the claim for non-compliance with the Unless Order.
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Claimant applied to set aside Unless Order
The claimant applied to have the Unless Order set aside and the claim reinstated.
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Hearing and dismissal of application
The Tribunal heard the claimant's application and dismissed it, finding it not in the interests of justice to set aside the Unless Order.
The legal issue
The tribunal had to decide whether it was in the interests of justice to set aside an Unless Order and reinstate the claimant's claim after he failed to comply with case management orders, including providing a schedule of loss and relevant documents.
The outcome
The tribunal dismissed the claimant's application to set aside the Unless Order and reinstate his claim.
The key reason was that the claimant had been given clear orders and an Unless Order with a 7-day deadline, but still failed to comply fully. He provided only two payslips, a witness statement, and a partially completed schedule of loss after the deadline.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Always comply with tribunal orders and deadlines, even if you are representing yourself.
- An Unless Order is a final warning — failure to comply will almost certainly result in your claim being struck out.
- If you are struggling to comply, ask the tribunal for an extension before the deadline, not after.
- Keep the respondent copied on all communications with the tribunal to avoid allegations of unfairness.
This case shows the serious consequences of failing to follow tribunal procedures, even for litigants in person. The former employee filed an unfair dismissal claim against Jet2.com but struggled to keep up with case management orders. Despite the tribunal's efforts to assist, including issuing an Unless Order as a final warning, the claimant did not fully comply.
What went wrong
The claimant provided only two payslips, a witness statement, and a partially completed schedule of loss — and the schedule was sent a day late. He did not provide a full schedule of loss, relevant documents, or agree the bundle as ordered. The tribunal found that the claimant had not taken reasonable steps to comply, despite being given extra time and clear instructions.
Why the result matters
The tribunal emphasised that Unless Orders are not to be taken lightly. Once an Unless Order is in place, the claimant must comply exactly and on time. The fact that the claimant was a litigant in person did not excuse non-compliance, especially when he had received assistance from the respondent and the tribunal. This case is a reminder that tribunals expect all parties to follow orders, and failure to do so can end a claim permanently, regardless of its merits.
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