Former employee withdraws discrimination claims, has wage complaint struck out
A former employee withdrew claims of sex, race and religion or belief discrimination against ABM Facility Services UK Limited, and had her complaint about holiday pay, sick pay and unpaid wages struck out for failing to comply with a tribunal order.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant withdrew claims of direct and indirect sex, race, and religion or belief discrimination and unpaid annual leave.
- The claimant failed to comply with a tribunal order regarding holiday pay, sick pay, and unpaid wages.
- The complaint of holiday pay, sick pay, and unpaid wages was struck out for non-compliance.
- The remaining claims were listed for hearing in October 2023.
Timeline
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Hearing and withdrawal
The claimant withdrew claims of direct and indirect sex, race, and religion or belief discrimination and unpaid annual leave. The claims were dismissed.
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Certificate of correction
A certificate of correction was issued to amend the judgment to include 'religion and belief discrimination'.
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Order to show cause
The tribunal ordered the claimant to make representations as to why the complaint of holiday pay, sick pay, and unpaid wages should not be struck out.
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Strike-out judgment
The complaint of holiday pay, sick pay, and unpaid wages was struck out due to the claimant's failure to comply with the order.
The legal issue
The tribunal had to decide whether to strike out the claimant's complaint of holiday pay, sick pay, and unpaid wages for non-compliance with a tribunal order requiring her to explain why the claims should not be struck out.
The outcome
The tribunal dismissed the discrimination and unpaid annual leave claims after the claimant withdrew them. It then struck out the remaining complaint about holiday pay, sick pay and unpaid wages because the claimant failed to comply with an order to show cause.
No compensation was awarded as the claims were either withdrawn or struck out.
Lessons & takeaways
- If you withdraw a claim, it is dismissed and you cannot pursue it again.
- Failing to respond to a tribunal order can result in your claim being struck out without a hearing.
- Tribunals expect claimants to comply with case management orders, even if they are representing themselves.
- Withdrawing some claims does not automatically affect the status of other claims you have made.
This case shows how quickly employment tribunal claims can come to an end if a claimant does not follow procedural rules. The former employee brought multiple claims against ABM Facility Services UK Limited, including allegations of discrimination and complaints about unpaid wages and holiday pay. However, at a hearing in November 2022, she chose to withdraw the discrimination claims and the claim for unpaid annual leave. Those were dismissed.
What remained was a complaint about holiday pay, sick pay and unpaid wages. The tribunal gave the claimant a chance to explain why this part of her case should not be struck out, but she did not respond. As a result, the tribunal struck out that complaint in March 2023. The only claims left were listed for a hearing in October 2023.
What could have been done differently
The claimant could have avoided the strike-out by simply responding to the tribunal's order. Even a short explanation or a request for a hearing would have kept the claim alive. Representing yourself can be difficult, but tribunals expect everyone to comply with orders. If the claimant had engaged with the process, the wage complaint might have proceeded to a hearing.
Why this matters
This case is a reminder that employment tribunals have strict procedures. Withdrawing a claim means it is gone for good. And if you ignore an order to show cause, the tribunal can strike out your claim without considering its merits. Anyone bringing a claim should take tribunal orders seriously and seek advice if they are unsure how to respond.
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