Claims dismissed after claimants fail to attend final hearing
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.
1 min read · Last updated 19 May 2026
Case details
- #non-attendance
- #dismissal-for-failure-to-prosecute
- #age-discrimination
- #sex-discrimination
- #redundancy
- #protective-award
- #equal-pay
Key facts
- The claimants were employed as Head of Trade and Data (Mr Reuben) and Head of Finance (Mrs Oboyle).
- Their employment ended when the company ceased trading and all staff were dismissed due to business closure.
- The claimants presented a claim on 30 May 2022 after a period of conciliation.
- The respondent did not file a response and was in voluntary liquidation.
- The claimants failed to attend the final hearing on 5 December 2023 and provided no documentation or explanation.
- The tribunal dismissed all claims due to the claimants' non-attendance and lack of evidence.
Timeline
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Conciliation period begins
A period of conciliation started between the claimants and respondent.
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Claim presented
The claimants presented their claim form to the tribunal.
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First final hearing
The case was listed for a final hearing before Employment Judge Alliott, who case managed and listed a two-day final hearing for 18-19 September 2023.
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Documentation deadline
Claimants were ordered to provide documents by this date but did not do so.
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Postponed hearing
The two-day final hearing was postponed due to lack of judge availability; no documents had been received from claimants.
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Notice of new hearing sent
A notice of the 5 December 2023 hearing was sent to the first claimant's email address.
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Tribunal emails claimants
The tribunal emailed the first claimant requesting documentation; no response was received.
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Final hearing and dismissal
Neither claimant attended; the tribunal dismissed all claims under Rule 47.
The legal issue
The tribunal had to decide whether to dismiss the claimants' claims due to their failure to attend the final hearing and provide evidence, applying Rule 47 of the Employment Tribunal Rules of Procedure 2013.
The outcome
The tribunal dismissed all claims brought by the two claimants.
- The claimants failed to attend the final hearing on 5 December 2023 and had not communicated with the tribunal since before a postponed hearing in September 2023.
- They had been ordered to provide documents by 15 September 2023 but did not do so, and did not respond to a tribunal email on 4 December 2023 requesting documentation.
- The respondent company was in voluntary liquidation and did not defend the claims.
- No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- Attend all tribunal hearings or inform the tribunal in advance if you cannot attend; failure to do so can result in your claim being dismissed.
- Provide all required documents by the deadlines set by the tribunal; missing deadlines can weaken your case and lead to dismissal.
- Keep the tribunal updated with your contact details and respond to any communications promptly.
- If you bring a claim, you must be prepared to prove your case with evidence; the tribunal cannot decide in your favour without it.
This case shows what can happen when claimants fail to engage with the tribunal process. Two employees, a Head of Trade and Data with over five years' service and a Head of Finance with over seven years' service, brought claims for unfair dismissal, redundancy, age discrimination, sex discrimination and equal pay after their employer ceased trading and dismissed all staff. However, they did not attend the final hearing and provided no evidence or explanation.
What went wrong
The tribunal had made case management orders requiring the claimants to provide documents by 15 September 2023. They did not do so. The hearing was postponed due to lack of judge availability, but the claimants still did not submit any documents. A new hearing was listed for 5 December 2023, and the tribunal emailed the first claimant on 4 December asking for documentation. There was no response. On the day of the hearing, neither claimant attended, and attempts to telephone the first claimant were unsuccessful.
Why the result matters
Under Rule 47 of the Employment Tribunal Rules, if a party fails to attend a hearing, the tribunal may dismiss the claim or proceed in their absence. Here, the tribunal had no information about why the claimants were absent and no evidence to allow it to proceed. The claims were therefore dismissed. This outcome highlights that claimants must actively pursue their case and comply with tribunal directions. Even if the respondent does not defend the claim, the claimant still bears the burden of proof and must attend the hearing and provide evidence.
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