Whistleblowing claim struck out after claimant failed to comply with tribunal orders
A head of workforce development who resigned alleging constructive dismissal and whistleblowing had her claims struck out after she repeatedly failed to comply with case management orders and stopped engaging with the tribunal.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #non-compliance-with-orders
- #unreasonable-conduct
- #fair-trial-impossible
- #whistleblowing
Key facts
- The claimant was employed as Head of Workforce Development and Engagement and resigned on 30 September 2022.
- The claimant alleged her post was removed from a new structure due to whistleblowing about bullying by the Director of Medical Education.
- The claimant failed to comply with case management orders requiring further details of her disclosures and constructive dismissal claim.
- The claimant did not attend the preliminary hearing and had not contacted the tribunal or respondent since 21 June 2023.
- The respondent applied for an unless order and strike out due to the claimant's non-compliance.
Timeline
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First alleged public interest disclosure
The claimant made her first alleged disclosure, with further disclosures continuing until October 2022.
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Claimant resigned
The claimant resigned with notice, effective 31 December 2022, alleging constructive dismissal due to whistleblowing.
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Preliminary hearing and case management orders
Employment Judge Loy made orders requiring the claimant to provide further information by 5 May 2023.
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Claimant provided partial further information
The claimant provided some details of disclosures but failed to address key parts of the orders.
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Claimant's last contact
The claimant emailed the tribunal claiming she had done her best to comply, but did not provide missing information.
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Respondent applied for unless order
The respondent applied for an unless order due to ongoing non-compliance.
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Tribunal ordered full compliance within 7 days
The tribunal directed the claimant to respond fully to the orders within 7 days; she did not comply.
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Claimant sought postponement
The claimant requested a postponement of the preliminary hearing, which was refused.
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Preliminary hearing and strike out
The claimant did not attend; the tribunal struck out her claims for non-compliance and unreasonable conduct.
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Judgment issued
Employment Judge Langridge signed the judgment striking out the claims.
The legal issue
Whether the claimant's claims should be struck out for failing to provide required details of her alleged public interest disclosures and constructive dismissal, and for not engaging with the proceedings.
The outcome
The tribunal struck out the claimant's claims for constructive unfair dismissal and detriment for making public interest disclosures.
The key reasons were:
- The claimant failed to comply with case management orders requiring her to provide further details of her disclosures and constructive dismissal claim.
- She had not contacted the tribunal or the respondent since June 2023, and did not attend the preliminary hearing.
- The tribunal found her conduct unreasonable and that a fair hearing was no longer possible.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Failing to comply with tribunal orders can lead to your claim being struck out, even if you have a potentially strong case.
- If you stop engaging with the tribunal or the other side, the tribunal may decide you have abandoned your claim.
- When making a whistleblowing claim, you must provide clear details of each disclosure, including what was said, to whom, when, and why it is in the public interest.
- Representing yourself does not excuse you from following tribunal procedures and deadlines.
A promising claim derailed by procedural failures
The case shows how even a potentially arguable whistleblowing claim can collapse if the claimant does not follow tribunal rules. The claimant, a head of workforce development, resigned alleging that her post was removed because she raised concerns about bullying by a director. She claimed constructive dismissal and detriment for making public interest disclosures.
However, the tribunal had ordered her to provide specific details of each disclosure and the basis for her constructive dismissal claim. She only partially complied, failing to explain why her disclosures qualified as public interest disclosures or how they were in the public interest. After June 2023, she stopped all contact with the tribunal and the respondent.
What the losing side could have done differently
The claimant could have avoided strike-out by simply providing the information the tribunal ordered. She could have sought help from an adviser or asked for more time if needed. Instead, she ignored the orders and did not attend the hearing, despite being told it would proceed in her absence.
Why this matters for similar claims
This case is a reminder that tribunals expect claimants to actively pursue their claims and comply with orders. Whistleblowing claims require clear evidence of disclosures that are in the public interest. If you fail to provide that detail, or stop engaging, the tribunal may strike out your claim entirely, regardless of its merits.
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