Claim dismissed after former employee fails to attend third final hearing
An employment tribunal dismissed a former employee's unfair dismissal claim after he failed to attend the final hearing for the third time and had not engaged with the claim for over a year.
1 min read · Last updated 19 May 2026
Case details
- #non-attendance
- #rule-47
- #dismissed
- #liquidation
- #no-prospect-of-dividend
Key facts
- The claimant did not attend the final hearing on 11 December 2023.
- The claimant had not engaged with the claim since December 2022.
- The respondent was in creditors voluntary liquidation and did not attend.
- The tribunal dismissed the claim under Rule 47 for failure to attend.
- The hearing was the third attempt to hold a final hearing.
Timeline
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Claim presented
Mr P Phillips brought claims against Sheringham's Fine Foods Ltd including equal pay and unfair dismissal.
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Case management hearing
Employment Judge Mason held a hearing by telephone; some claims were dismissed on withdrawal.
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First final hearing adjourned
The claimant requested an adjournment of the final hearing listed for 18-20 July 2022.
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Second final hearing missed
Due to an administrative error, the hearing listed for 5-7 December 2022 did not take place.
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Notice of third hearing sent
The tribunal sent notice of the final hearing on 11 December 2023 to both parties.
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Pre-hearing check letter sent
The tribunal sent a pre-hearing check letter; the respondent's liquidators replied but the claimant did not.
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Final hearing and dismissal
Neither party attended; the tribunal dismissed the claim under Rule 47.
The legal issue
The tribunal had to decide whether to dismiss the claim under Rule 47 of the Employment Tribunals Rules of Procedure 2013 because the claimant failed to attend the final hearing, or to adjourn again.
The outcome
The tribunal dismissed the claim in its entirety.
The key reason was that the claimant did not attend the final hearing, had not engaged with the claim since December 2022, and did not respond to the pre-hearing check letter. The tribunal considered that it could not fairly determine the claim without the claimant present and that the overriding objective was best served by dismissal rather than another adjournment.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you bring a claim, you must attend the final hearing or have a very good reason for not doing so – failure to attend can result in your claim being dismissed.
- Keep in regular contact with the tribunal and respond to all correspondence, including pre-hearing check letters, to show you are actively pursuing your case.
- If you need to adjourn a hearing, make the request as early as possible and provide clear reasons – late requests may not be looked upon favourably.
- Once a company goes into liquidation, pursuing a claim may be difficult as the respondent may not attend and there may be no funds to pay any award.
This case shows the importance of staying engaged with your employment tribunal claim from start to finish. The former employee had brought claims including unfair dismissal against his former employer, but after an initial adjournment and an administrative error that led to a missed hearing, he stopped communicating with the tribunal altogether. By the time the third final hearing date arrived, he had not responded to any correspondence for over a year.
The tribunal had little choice but to dismiss the claim. Under Rule 47, if a party fails to attend a hearing, the tribunal can proceed in their absence or dismiss the claim. Here, the tribunal made efforts to contact the claimant on the day, but received no response. With no evidence to suggest a valid reason for absence, and no way to fairly determine the case without the claimant, dismissal was the only practical option.
What could have been done differently?
The claimant could have kept the tribunal informed of any difficulties he faced, even if he had decided not to pursue the claim. A simple email withdrawing the claim would have been better than leaving it unresolved. For the respondent, which was in liquidation, the outcome was largely academic – the liquidators had already stated there was no prospect of a dividend for unsecured creditors.
Why this matters
This case is a reminder that employment tribunals expect parties to take their claims seriously. Non-attendance without explanation, especially after multiple opportunities, will almost certainly lead to dismissal. For anyone considering bringing a claim, the key lesson is to stay involved and communicate – even if you change your mind.
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