In the case of Forrest v Amazon Web Services EMEA SARL UK Branch [2025] EAT 81, the Employment Appeal Tribunal (EAT) have ruled that an employment tribunal acted too harshly when it struck out a claimant’s case without first issuing an ‘unless order’.
Case Background
Mr. Forrest, the Claimant, brought claims against Amazon Web Services. During the proceedings, the tribunal ordered him to send the respondent a completed list of issues however he failed to do so.
Instead of issuing a warning or giving him one last chance, the tribunal struck out all of his claims ending the case entirely.
EAT Findings
The EAT faulted the tribunal stating that:
- It was wrong for the tribunal to proceed straight from an order which had no sanctions attached to it to striking out the claimant’s claims.
- The tribunal jumped straight to striking out the claim, a very serious step without trying a less severe option first. It was wrong of the tribunal not to make an unless order instead of striking out. (an unless order is a warning from the tribunal, giving the party one final chance to comply with the order and making the consequences of failing to do so clear).
- Tribunals should “ratchet up the pressure” gradually, not go straight to the harshest penalty.
- It was an error of law not to consider whether a fair trial remained possible despite the non-compliance with the order.
The EAT confirmed that sanctions for breaches of orders are designed to secure compliance and are not to be punitive.
Takeaways
For claimants, this is a clear reminder that tribunals must act fairly and give proper warnings before striking out a case. However, for all parties, compliance with orders is essential and can lead to consequences detrimental to your case.
For tribunals, striking out a claim is a serious step. Tribunals must first consider whether a fair trial is still possible and should usually issue an ‘unless order’ before taking such drastic action. Striking out should therefore be a last resort, not a first response.
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239 761.
