Struck out

Former employee v Miss Sparkles 2 You Ltd

A former employee with less than two years' service had her unfair dismissal claim struck out, but won £340 in unauthorised deduction and breach of contract claims.

Former employee (housing officer) v Equans Regeneration Limited

A former housing officer's unfair dismissal and discrimination claims were struck out after she repeatedly failed to serve a witness statement, despite extensions and warnings. She was also ordered to pay £3,870 in costs.

Head of Trade and Data (over 5 years' service) and Head of Finance (over 7 years' service) v Hallett Retain Services Ltd (in voluntary liquidation)

Two former employees who brought claims for unfair dismissal, discrimination and redundancy had their cases thrown out after failing to attend the final hearing or provide any evidence.

Restaurant server (9 months' service) v London XXI Limited t/a ME London

A restaurant server with less than two years' service had his unfair dismissal claim struck out after he failed to attend hearings or comply with tribunal orders. The tribunal also dismissed his race discrimination claim due to unreasonable conduct.

Project Engineer (1 year 9 months' service) v Armour Home Electronics Limited

A tribunal struck out a project engineer's unfair dismissal, sexual orientation discrimination, and wrongful dismissal claims after he was sacked for sending a confidential email to colleagues. His sex discrimination claim survived but required a £200 deposit.

Former employee v Nuffield Health

A former employee's disability discrimination claim against Nuffield Health was struck out after he failed to actively pursue it for eight months, despite being given extra support due to his autism.

Former employee v Brian Colledge

A former employee's unfair dismissal claim was struck out after he and his son repeatedly failed to attend hearings and did not comply with tribunal directions.

Chartered Surveyor (self-employed consultant) v Clements Agency Limited

A chartered surveyor who worked for Clements Agency Limited for nearly 30 years on a self-employed basis had his claim for unfair dismissal and discrimination struck out. The tribunal found he had no reasonable prospect of proving he was an employee.

Former employee v Mitchells & Butlers Retail Ltd.

An employment tribunal struck out a former employee's unfair dismissal claim after she failed to comply with any part of a case management order, leading to cancellation of the full hearing.

Playgroup employee v The Committee of Pevensey and Westham Playgroup

A playgroup employee's constructive dismissal claim was struck out after she failed to respond to a strike-out warning, ending a case that had already been delayed by a police investigation.

Former employee v Shire Oak International Ltd

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.

Job applicant (employment status disputed) v General Mills UK Limited

An employment tribunal struck out a claim after the claimant accused the respondent of orchestrating her eviction, finding the allegations scandalous and vexatious.

Former employee (shop worker) v Ms M. Harvey T/A The Pickle Barrel

A former shop worker's unfair dismissal claim was dismissed after the tribunal struck out the employer's response for failing to comply with case management directions for over two years.

Asbestos removal workers (former employees) v Kaefer Limited

A group of former asbestos removal workers had their claims against three companies struck out after the tribunal found there was no TUPE transfer of their employment.

Former employee v Sapphire Accounting and Randstad Construction Agency

A former employee's unfair dismissal claim was struck out after he failed to attend a preliminary hearing and did not provide evidence to show his claim was filed in time.

Former employee v Italian Catering Concept Ltd

A former employee's constructive unfair dismissal claim was dismissed after neither he nor his former employer, now in liquidation, attended the final hearing or provided any evidence.

Former employee v Extreme Networks

A former employee of Extreme Networks had all claims struck out after failing to meet the two-year service requirement for unfair dismissal and not complying with tribunal orders.

Former employee v CFE Lighting

A former employee who missed a telephone hearing due to connection problems has had her unfair dismissal claim reinstated after the tribunal granted reconsideration.

Groom at a stud farm v Hildare Stud Farm Ltd

A groom who named an individual instead of the employing company on her claim form had her unfair dismissal case struck out as out of time. The tribunal found it was reasonably practicable to have brought the claim against the correct employer in time.

Groom (stud farm employee) v Hildare Stud Farm Ltd

A groom who named her employer's directors instead of the company has had her unfair dismissal claim struck out, as the tribunal found it was too late to add the correct respondent.

Former employee v Firstport Property Services Ltd

A former employee's unfair dismissal claim against Firstport Property Services Ltd was struck out after they failed to provide disclosure despite an unless order. The tribunal also ordered them to pay £500 in costs.

Former employee v Worker Bee UK Ltd

A tribunal struck out a former employee's claims against Worker Bee UK Ltd after she failed to comply with multiple orders and did not actively pursue her case, making a fair hearing impossible.

Former employee v Department for Education

A former employee who filed eight separate claims against the Department for Education and others has had all claims struck out after the tribunal found his conduct scandalous, unreasonable and vexatious.

Former employee v Elizabeth Cardy

A former employee's unfair dismissal and redundancy claims were struck out because she had less than two years' service. Her remaining claims were also struck out after she did not attend the final hearing.

Credit Analyst (2 years' service) v Lawson (Whetstone) Limited

A tribunal refused to strike out a credit analyst's claims of constructive unfair dismissal and religion-based discrimination, finding the claims had reasonable prospects despite missing details.

Senior academic (highly qualified, working in a senior position) v QAHE Ltd

A highly qualified academic who failed to provide a supplemental impact statement as ordered by the tribunal has been ordered to pay £1,000 in costs. The tribunal found his conduct unreasonable and that it caused a hearing to be postponed.

Former employee v Mitie FM Ltd

A tribunal struck out one part of a former employee's race discrimination claim because the alleged discriminatory act was carried out by a third party, but allowed other allegations to proceed.

Former employee v Financial Ombudsman Service Limited

A former complainant who claimed to be an employee of the Financial Ombudsman Service had all his claims struck out after failing to attend a preliminary hearing and providing no evidence of an employment relationship.

Former employee v Marks and Spencer plc

A former Marks and Spencer employee had several claims struck out due to lack of reasonable prospect of success, but race and religion discrimination claims survive subject to small deposits.

Board-level Health and Safety Director v Wilko Limited

A tribunal has refused to strike out a whistleblowing claim brought by a board-level health and safety director who alleged he was suspended and denied a bonus after raising concerns about storm risks.

Former employee v Just Trays Ltd

A former employee who brought constructive unfair dismissal and other claims against Just Trays Ltd had their case dismissed after failing to attend the final hearing or comply with case management orders.

Former employee v Digital Barriers Services Limited

A former employee's attempt to strike out the employer's response failed because the employer had put forward an arguable defence and had complied with disclosure obligations.

Former employee v The Commissioners for HM Revenue and Customs

A former HMRC employee who did not attend his final hearing after three postponement requests were refused has had all his claims dismissed by the Newcastle Employment Tribunal.

Former employee v Total Support Services Limited

A former employee's claims for unfair dismissal and disability discrimination were struck out for failing to pursue them, but the tribunal allowed her claims for notice pay and holiday pay to proceed as they were undisputed.

Former apprentice electrician v Power Up Manchester Limited

A former apprentice electrician had his unfair dismissal and discrimination claims dismissed after he failed to attend a preliminary hearing and ignored tribunal orders. The employer was awarded £760 in preparation costs.

Doctor (NHS trainee) v Health Education England

An NHS trainee doctor who flew to India for his mother's surgery after a tribunal refused to postpone a 35-day hearing had his unfair dismissal claim struck out for unreasonable conduct.

Former employee v Revere Riverside Ltd

A former employee's unfair dismissal claim was struck out after her employer was dissolved and she could not afford the £585 fee to restore it to the register.

Car mechanic v AJSHM Limited

A car mechanic who claimed unfair dismissal and redundancy pay had his case struck out after he failed to comply with a tribunal order and ignored a strike-out warning. The tribunal decided the claim should be dismissed due to non-compliance.

Former employee v Sainsburys Supermarkets Ltd

An employment tribunal struck out a former employee's unfair dismissal and discrimination claims after they failed to comply with a deposit order and an order for further particulars. The decision was upheld on reconsideration.

Bar Manager (17 years' service) v United Services & Services Rendered Club (Tooting and Balham) Limited

An employment judge has refused to strike out disability discrimination claims brought by a bar manager with terminal lung cancer, ruling that factual disputes over reasonable adjustments during the pandemic must be heard at a full hearing.

Former employee v EDF Energy Limited

A former employee's unfair dismissal and disability discrimination claims were struck out after he repeatedly failed to comply with tribunal orders to provide a disability impact statement, and did not attend any hearings.

Former employee v Active Assistance Limited; Staff Management Limited

A former employee who hung up on the tribunal clerk and ignored repeated attempts to contact her had her unfair dismissal claim thrown out for non-attendance.

Former employee v Secretary of State for Work and Pensions

The tribunal struck out race and disability discrimination claims because they were presented late, and the claimant failed to attend the hearing or provide reasons for the delay.

Cleaner (1 year 9 months' service) v Anglia Cleaning Solutions Limited

A cleaner who was left waiting for a manager who never showed up, and later told the cleaning contract had ended, has been awarded £785.73 for unpaid wages, holiday pay, notice pay, expenses, and pension contributions.

Former employee v Ion Man Limited

A tribunal dismissed a former employee's claim for unpaid wages and holiday pay after he failed to attend the telephone hearing. His application for reconsideration was refused because the notice had been sent to his email address.

Former employee v British Airways Plc

A former employee's claim against British Airways survives a strike-out bid after a 7-day delay in providing dates for events, with the tribunal ruling that striking out would be disproportionate.

Broadcast journalist (BBC World Service, Arabic Radio team) v British Broadcasting Corporation

A BBC World Service journalist who claimed disability discrimination and victimisation had her case dismissed after she failed to attend the final hearing. The tribunal refused her applications for postponement and later refused reconsideration.

Former employee (Transcare Nurse) v B. Braun Medical Ltd

A nurse who accepted re-engagement after being dismissed for gross misconduct could not later claim constructive unfair dismissal when she resigned. The tribunal struck out her claims.

PR and Community Manager v Arjuna Seth Shoes Limited

An employment tribunal struck out a former PR and community manager's claims of sexual harassment and victimisation after she failed to pursue them for over two and a half years, following the respondent's liquidation.

Former employee v FPM Foods Ltd

An employment tribunal dismissed an unfair dismissal claim after the former employee failed to attend the final hearing and made a last-minute adjournment request with no prior notice.

Former employee v Drive DeVilbiss Healthcare Ltd

A former employee who did not dial in to a preliminary telephone hearing had his claims of constructive unfair dismissal, age discrimination and unpaid wages thrown out. His late application for reconsideration was also refused.

Kitchen Assistant/Relief Cook (16 years' service) v Thames Reach Charity

A kitchen assistant with 16 years' service had her disability discrimination claim struck out after failing to comply with a deposit order. The tribunal found no reasonable excuse for non-payment.

Former employee v David Morris Window Cleaning Ltd

A former employee who brought unfair dismissal, wrongful dismissal and breach of contract claims had all three struck out after failing to attend a preliminary hearing and not having two years' service.

Head Teacher / Principal (part-time) v Darul Uloom Al Arabiya Al Islamia

An employment tribunal has refused to strike out most claims brought by a former head teacher against Darul Uloom Al Arabiya Al Islamia, including allegations of disability discrimination and whistleblowing detriment. However, the reasonable adjustments claim was ordered to be subject to a deposit order hearing.

Former employee (Principal Stylist) v Ms M Bratton and Evanlils Ltd

A tribunal dismissed all claims of unfair dismissal and homophobic abuse brought by a former Principal Stylist after he failed to attend the preliminary hearing or comply with case management orders.

Former employee v Marks and Spencer Group plc

A former employee with under two years' service had her unfair dismissal claim struck out. All remaining discrimination and wrongful dismissal claims were dismissed after a full hearing.

Relief Manager (20 hours/week) v RSPCA North Somerset Branch

A relief manager who was dismissed after sending an inflammatory email and failing to comply with instructions lost his unfair dismissal, whistleblowing, and disability discrimination claims. The tribunal found no protected disclosures and no discrimination.

Former employee v Calex UK Limited

A former employee's unfair dismissal claim was thrown out after he failed to attend a preliminary hearing without explanation. The tribunal ruled he had abandoned the claim.

Communications and Marketing Manager (4 years' service) v The Alan Turing Institute

A communications manager who brought claims of discrimination and constructive unfair dismissal against The Alan Turing Institute had her case struck out after failing to comply with multiple tribunal orders over a year. The tribunal found a fair hearing was no longer possible.

Former employee v Verisure Services (UK) Limited

A former employee's unfair dismissal claim was thrown out after she failed to join a preliminary hearing, despite multiple warnings from the tribunal clerk.

Cleaner (1 year 1 month service) v Sentrex Services UK Ltd

A cleaner with less than two years' service had her unfair dismissal claim struck out, and her race discrimination claims were later struck out for failing to comply with tribunal orders and not actively pursuing the case.

Former employee v Shoosmiths LLP

A former employee had his unfair dismissal claim struck out after telling the tribunal he could not play cricket due to disability, when in fact he played cricket in 2021. The tribunal found he deliberately misled the court.

Contracts manager (less than 2 years' service) v Building Product Solutions Limited

A contracts manager who resigned after a grievance outcome had his unfair dismissal and disability discrimination claims thrown out because he did not attend the preliminary hearing.

Former employee v Co-operative Group Limited

A former employee's claim that he was dismissed for making a protected disclosure about a colleague's alleged corruption has been struck out by the Manchester Employment Tribunal because the disclosure was based on rumours and the claims were out of time.

Former employee v Priory Education Services Ltd

A former employee's unfair dismissal claim was struck out because her legal representative failed to provide medical evidence as ordered. The tribunal refused to reconsider and ordered the representative to pay £11,906.17 in wasted costs.