Former employee's unfair dismissal claim struck out after failing to engage with tribunal
A former employee who failed to attend hearings and ignored tribunal orders had his unfair dismissal claim struck out. The tribunal also noted he had less than two years' service, which normally bars such claims.
1 min read · Last updated 19 May 2026
Case details
- #lack-of-engagement
- #strike-out
- #less-than-two-years-service
- #failure-to-comply-with-orders
Key facts
- The claimant was employed for less than two years.
- The claimant failed to attend a preliminary hearing on 18 September 2023.
- The claimant did not comply with orders made by Employment Judge Cawthray.
- The claimant did not respond to a subsequent order from Employment Judge Siddall warning of strike-out.
- The claim has not been actively pursued.
Timeline
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Claim presented
The claimant presented his claim to the tribunal in December 2022.
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Preliminary hearing
The claimant did not attend the preliminary hearing. Employment Judge Cawthray made orders requiring the claimant to particularise his claim and explain his non-attendance within 14 days.
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Orders sent to claimant
The orders from the preliminary hearing were emailed to the parties.
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Further order from EJ Siddall
Employment Judge Siddall ordered the claimant to state whether he wanted to pursue his claim and comply with the earlier orders within 7 days, warning of strike-out.
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Strike-out judgment
Employment Judge Dyal struck out the claim for not being actively pursued.
The legal issue
The tribunal had to decide whether to strike out the claim because the claimant had less than two years' service for an unfair dismissal complaint and because he had not actively pursued the claim, failing to comply with tribunal orders.
The outcome
The tribunal struck out the former employee's unfair dismissal claim.
The key reasons were:
- The claimant had less than two years' service, which normally prevents an unfair dismissal claim under section 108 of the Employment Rights Act 1996.
- The claimant failed to attend a preliminary hearing and did not comply with orders to particularise his claim and explain his non-attendance.
- Despite a further order warning of strike-out, the claimant did not respond.
- The tribunal concluded the claim had been abandoned and was not being actively pursued.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you have less than two years' service, you generally cannot bring an unfair dismissal claim unless the reason is automatically unfair (e.g., whistleblowing).
- Always attend tribunal hearings and comply with orders; failure to do so can result in your claim being struck out without a hearing on the merits.
- If you decide not to pursue a claim, inform the tribunal promptly to avoid wasting resources and potential costs orders.
- Tribunals will warn you before striking out a claim, but ignoring warnings will almost certainly lead to strike-out.
What this case shows
This case demonstrates that employment tribunals will not allow claims to drift indefinitely. The former employee presented his claim in December 2022 but then largely disengaged. He missed a preliminary hearing, ignored orders to clarify his claim, and did not respond to a final warning that his case would be struck out. The tribunal concluded he had abandoned the claim.
What the respondent did right
The Restaurant Group PLC applied for strike-out at the appropriate time, after the claimant had failed to comply with orders. The tribunal noted that continuing the claim would be unfair and prejudicial to the respondent, and that tribunal resources are finite.
Why the result matters
This case is a reminder that bringing a claim is only the first step. Claimants must actively pursue their case, attend hearings, and comply with tribunal directions. Additionally, the claimant had less than two years' service, which is a fundamental barrier to most unfair dismissal claims. Even if the claim had been pursued, it would likely have been struck out on that basis alone.
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