Claims and response struck out after repeated failures to comply with tribunal orders
Two former employees had their claims dismissed and the employer's response struck out after both sides repeatedly failed to attend hearings and comply with tribunal orders.
1 min read · Last updated 19 May 2026
Key facts
- The respondent failed to attend a case management hearing and did not comply with tribunal orders.
- The respondent did not respond to a strike-out warning.
- Mr Bui An failed to attend the final hearing and did not provide reasons.
- Mr Honour failed to comply with a tribunal order and did not respond to a strike-out warning.
- The breach of contract claim was struck out for non-compliance.
Timeline
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Order by Judge S Moore
Judge S Moore issued an order that the respondent failed to comply with.
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Order by Regional Judge S Davies
Regional Judge S Davies issued an order that the respondent failed to comply with.
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Case management hearing
The respondent did not attend the case management hearing. The tribunal gave the respondent an opportunity to show cause why the response should not be struck out.
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Strike out of respondent's response
Employment Judge Brace struck out the respondent's response due to non-compliance and non-attendance.
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Final hearing for Mr Bui An
Mr Bui An failed to attend the final hearing; his claim was dismissed in his absence.
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Order for Mr Honour
The tribunal ordered Mr Honour to comply with a previous order or face strike out.
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Strike out warning for Mr Honour
The tribunal gave Mr Honour an opportunity to show cause why his claim should not be struck out for non-compliance and lack of pursuit.
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Strike out of breach of contract claim
Employment Judge Sharp struck out Mr Honour's breach of contract claim for non-compliance.
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Strike out of remaining claim
Employment Judge Sharp struck out Mr Honour's remaining claim for non-compliance and lack of pursuit.
The legal issue
The tribunal had to decide whether to strike out the claims and the employer's response for non-compliance with tribunal orders and failure to attend hearings, which is a procedural step that can end a case without a full hearing.
The outcome
The tribunal struck out the employer's response to both claims because the employer failed to attend a case management hearing and did not comply with tribunal orders. The tribunal also struck out the breach of contract claim of one employee and dismissed the other employee's claim in their absence after they failed to attend the final hearing.
The key reasons were:
- The employer did not attend hearings or comply with orders, and did not respond to strike-out warnings.
- One employee failed to attend the final hearing without explanation.
- The other employee failed to comply with a tribunal order and did not actively pursue their claim.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Always attend tribunal hearings and comply with orders, or provide a good reason for not doing so, to avoid having your claim or response struck out.
- If you are unable to attend a hearing, inform the tribunal as soon as possible with a valid explanation.
- Respond promptly to any tribunal correspondence, especially strike-out warnings, to keep your case alive.
- Failing to pursue your claim actively can lead to it being struck out, even if you have a valid case.
This case shows how employment tribunal claims can collapse not because of the merits, but because of procedural failures. Both the employer, Shire Oak International Ltd, and two former employees failed to engage with the tribunal process, leading to the entire case being struck out.
What went wrong
The employer did not attend a case management hearing and ignored orders from two different judges. When given a chance to explain why its response should not be struck out, it said nothing. One employee, Mr Bui An, did not attend his final hearing and gave no reason. The other, Mr Honour, failed to comply with a tribunal order and did not respond to a strike-out warning.
What could have been done differently
A simple phone call or email to the tribunal explaining an inability to attend or comply might have saved the case. The employer could have asked for more time to comply with orders. The employees could have attended hearings or provided reasons for absence. Instead, silence was interpreted as abandonment.
Why this matters
Tribunals have limited resources and expect parties to follow rules. Non-compliance is taken seriously and can result in strike-out without any decision on the underlying dispute. For anyone bringing or defending a claim, the message is clear: engage with the process or risk losing your case by default.
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