Former employee's claims struck out after failing to comply with tribunal order
The tribunal struck out all remaining claims brought by a former employee against London & Quadrant Housing Trust after she failed to provide required details, despite having dyslexia.
1 min read · Last updated 19 May 2026
Key facts
- The claimant's unfair dismissal claim was struck out for lack of qualifying service.
- The claimant failed to comply with an Unless Order requiring particulars of her claims.
- The tribunal dismissed several heads of claim due to material non-compliance with the Unless Order.
- The remaining claims were struck out at the final hearing under rule 37.
Timeline
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Strike out warning
The tribunal gave the claimant an opportunity to show why her unfair dismissal claim should not be struck out for lack of qualifying service.
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Unfair dismissal struck out
Employment Judge Wright struck out the unfair dismissal complaint because the claimant did not have two years' service and failed to respond.
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Unless Order made
Employment Judge Beale made an Unless Order requiring the claimant to answer specific questions by 17 March 2023, failing which certain claims would be dismissed.
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Claimant's response to Unless Order
The claimant sent an email with her answers to the Unless Order.
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Respondent's objection
The respondent argued that the claimant had materially failed to comply with the Unless Order and sought strike out.
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Preliminary hearing
Employment Judge Dyal held a preliminary hearing to determine compliance with the Unless Order and other matters.
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Judgment on Unless Order
Employment Judge Dyal ruled that the claimant had materially failed to answer questions 2, 3, 6, 8, 19, and 20, resulting in dismissal of several claims.
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Final hearing begins
The final hearing for the remaining claims (race discrimination, reasonable adjustments, harassment, wages) commenced before Employment Judge Smith and members.
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Final judgment
Employment Judge Smith struck out all remaining claims under rule 37(1)(b), (c), and/or (e).
The legal issue
The tribunal had to decide whether the claimant's claims should be struck out because she had not followed an Unless Order requiring her to provide more details about her case, and because the claims appeared to have no reasonable chance of success.
The outcome
The tribunal struck out all of the claimant's remaining claims against London & Quadrant Housing Trust.
The unfair dismissal claim was struck out first because the claimant did not have two years' service. Later, an Unless Order required her to answer specific questions about her other claims. The tribunal found she had not properly answered several key questions, so those claims were dismissed. At the final hearing, the remaining claims (race discrimination, reasonable adjustments, harassment, and wages) were also struck out because they had no reasonable prospects of success or were an abuse of process.
No compensation was awarded as all claims were struck out.
Lessons & takeaways
- If you bring a claim, you must follow tribunal orders strictly, including Unless Orders that require you to provide information by a deadline.
- Not having two years' service usually means you cannot bring an unfair dismissal claim, unless a specific exception applies.
- If you have a disability like dyslexia, you can ask the tribunal for reasonable adjustments to help you comply with orders.
- Tribunals can strike out claims that have no reasonable prospect of success, even without a full hearing.
This case shows how failing to comply with tribunal directions can derail an employment claim, even if the underlying issues might have had some merit. The former employee brought multiple claims against London & Quadrant Housing Trust, including unfair dismissal, discrimination, and harassment. However, the tribunal struck out the unfair dismissal claim early on because she had less than two years' service, which is a legal requirement for most unfair dismissal claims.
The tribunal then issued an Unless Order, a serious step that required the claimant to answer specific questions about her remaining claims by a set date. Although she sent a response, the tribunal decided she had not properly answered several key questions. As a result, parts of her claim were automatically dismissed.
At the final hearing, the tribunal reviewed the remaining claims and decided they had no reasonable prospects of success. The claimant was a litigant in person and had dyslexia, but the tribunal noted that she had not requested any adjustments to help her comply with the orders. The claims were struck out, meaning the case ended without any compensation.
What could have been done differently?
The claimant could have sought help to understand and comply with the Unless Order, perhaps by asking for reasonable adjustments due to her dyslexia. She could also have provided clearer answers to the tribunal's questions. For employers, this case is a reminder that tribunals will enforce procedural rules strictly, even when a claimant is unrepresented.
Why this matters
This case highlights the importance of following tribunal procedures. Unless Orders are a powerful tool to ensure cases progress efficiently. Claimants who ignore or fail to comply risk losing their case entirely, regardless of its merits.
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