Unfair dismissal claim struck out after claimant ignored multiple tribunal orders
A former employee's unfair dismissal claim against Samuel Smith (Southern) has been struck out for failing to comply with tribunal orders and not actively pursuing the case.
1 min read · Last updated 19 May 2026
Case details
- #strike-out
- #non-compliance
- #failure-to-attend
- #failure-to-provide-documents
Key facts
- The claimant failed to attend a case management hearing on 6 July 2023.
- The claimant did not provide a Schedule of Loss, list of documents, or witness statements by the required dates.
- The claimant did not respond to multiple warnings that the claim may be struck out.
- The claim was struck out for non-compliance with tribunal orders and for not being actively pursued.
Timeline
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Case management order
Employment Judge Varnam ordered the claimant to provide a Schedule of Loss and list of documents by 16 August 2023, and witness statements by 4 October 2023.
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Strike out warning
Employment Judge Adkin ordered the claimant to provide comments on the respondent's strike out application and explain non-compliance by 16 October 2023.
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Final strike out warning
Employment Judge Brown informed the claimant that the claim may be struck out and gave 7 days to object or request a hearing.
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Strike out judgment (Nicolle)
Employment Judge Nicolle struck out the claim for non-compliance and failure to actively pursue.
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Strike out judgment (Brown)
Employment Judge Brown struck out the claim for failure to respond to the strike out warning.
The legal issue
The tribunal had to decide whether to strike out the unfair dismissal claim because the claimant failed to provide required documents, did not attend a hearing, and did not respond to strike out warnings.
The outcome
The tribunal struck out the former employee's unfair dismissal claim against Samuel Smith (Southern) for non-compliance with tribunal orders and for not being actively pursued.
The key reasons were:
- The claimant failed to attend a case management hearing on 6 July 2023.
- He did not provide a Schedule of Loss, list of documents, or witness statements by the required deadlines.
- He ignored multiple warnings from the tribunal that the claim may be struck out.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all orders and deadlines, or your claim may be struck out.
- Attend all hearings and respond to tribunal communications promptly, even if you are unrepresented.
- If you cannot meet a deadline, ask the tribunal for an extension before the deadline passes.
- Ignoring strike out warnings will almost certainly result in your claim being dismissed.
What this case shows
This case is a cautionary tale for anyone pursuing an employment tribunal claim. The former employee brought an unfair dismissal claim against Samuel Smith (Southern) but then failed to engage with the tribunal process. He did not attend a case management hearing, missed deadlines to provide key documents, and ignored multiple warnings that his claim would be struck out.
What the losing side could have done differently
The claimant could have avoided this outcome by simply following the tribunal's orders. He was given several opportunities to explain his non-compliance or request a hearing, but he did not respond. Even a brief email or phone call to the tribunal might have saved his claim.
Why this matters
Tribunals have the power to strike out claims that are not actively pursued or that breach orders. This case shows that the tribunal will use that power when a claimant repeatedly fails to comply. For employers, it confirms that a claim can be dismissed if the claimant does not cooperate. For claimants, it is a reminder that bringing a claim is only the first step — you must see it through.
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