Unless Orders


Where a party has failed to take a step ordered by the tribunal, instead of striking out the claim the tribunal can allow one last chance, by making an Unless Order. This is an order that requires a party to do something by a certain date, on the basis that unless the step is taken, the claim will be struck out (i.e. dismissed automatically). Failure to comply with an Unless Order is always very serious. It can result in being barred from bringing or defending the claim at all. 


Unless Orders must be written in very clear language. It must be obvious to the recipient exactly what must be done and by when (Mace v Ponders End International Limited [2014] UKEAT 0491/13/LA). 


An employment judge can issue a default judgment if the employer has not issued a valid ET3 Response Form in time, or does not intend to oppose the claim. This is a judgment made without a hearing.