Claim dismissed after former employee fails to attend preliminary hearing
A former employee's claims of constructive dismissal and discrimination were struck out after she failed to attend a preliminary hearing and did not provide a witness statement as directed.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant lodged a claim on 19 May 2022 for unfair dismissal (constructive dismissal), race discrimination, pregnancy or maternity discrimination and religion or belief discrimination.
- The claimant did not attend the Preliminary Hearing on 27 September 2023 and did not provide a witness statement as directed.
- The claimant had been advised she could not give evidence remotely from Qatar and was required to attend in person.
- The claimant sent an email after the hearing apologising for her absence and citing a family member's personal circumstances.
- The respondent suffered prejudice due to delay and the unavailability of a key witness.
Timeline
-
Claim lodged
The claimant lodged a claim for unfair dismissal (constructive dismissal), race discrimination, pregnancy or maternity discrimination and religion or belief discrimination.
-
Preliminary Hearing for Case Management
Employment Judge Crosfill issued directions to the parties.
-
Claimant's amendment application
The claimant sent an email making an application to amend her claim and to seek permission to give evidence from Qatar.
-
Respondent's strike out/deposit application
The respondent lodged an application for strike out and/or deposit orders.
-
Preliminary Hearing (adjourned)
Employment Judge Hallen noted the purpose of the hearing but did not have sight of documents; applications were relisted to 13 July 2023.
-
Clerk advises claimant cannot give evidence from Qatar
The Clerk to the Tribunal contacted the claimant to advise that she could not give evidence remotely from Qatar.
-
Claimant states she will be in London in July 2024
The claimant sent an email advising she will not be in London on 13 July 2023 and will be in London again in July 2024.
-
Postponement of 13 July hearing
Employment Judge Gardiner postponed the hearing due to lack of room availability; parties were to provide non-availability dates.
-
Directions converting final hearing day to preliminary hearing
Acting Regional Employment Judge Russell directed that the first day of the final hearing (27 September 2023) be converted to a Preliminary Hearing to decide strike out and deposit order applications.
-
Preliminary Hearing and dismissal
The claimant did not attend. The Tribunal dismissed the claim under Rule 47 for non-attendance, and alternatively would have struck out under Rule 37(1)(d).
The legal issue
The tribunal had to decide whether to dismiss the claim because the former employee did not attend the preliminary hearing, and whether the claim should be struck out for not being actively pursued.
The outcome
The tribunal dismissed the former employee's claim in its entirety.
- The former employee did not attend the preliminary hearing and had not provided a witness statement as directed.
- The tribunal found that the respondent suffered prejudice due to delay and the unavailability of a key witness.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Attending all scheduled hearings is essential — failing to attend can result in your claim being dismissed outright.
- If you cannot attend a hearing, you must inform the tribunal as soon as possible and provide a good reason; a vague apology after the hearing is unlikely to be accepted.
- Following tribunal directions, such as providing witness statements on time, is critical to keeping your case alive.
- If you need to give evidence from abroad, check the rules early — some countries do not permit remote testimony for UK tribunals.
This case shows how a failure to engage with tribunal proceedings can lead to a claim being dismissed, regardless of its merits. The former employee had lodged claims for constructive dismissal, race discrimination, pregnancy or maternity discrimination, and religion or belief discrimination. However, she did not attend the preliminary hearing scheduled to consider strike-out and deposit order applications, and had not provided a witness statement as directed.
What went wrong
The tribunal noted that the former employee had been told she could not give evidence remotely from Qatar and would need to attend in person. Despite this, she did not attend the hearing and only sent an email afterwards apologising, citing a family member's personal circumstances. The tribunal found this explanation insufficient, especially given the history of delays and the respondent's prejudice from the unavailability of a key witness.
Why the result matters
This decision highlights the importance of complying with tribunal directions and attending hearings. Even if a claim has potential merit, a tribunal can dismiss it under Rule 47 if the claimant is absent without good reason. The case also serves as a reminder that claimants must actively pursue their claims — failing to do so can lead to strike-out under Rule 37(1)(d). For anyone considering bringing a claim, this case underscores the need to stay engaged with the process and seek advice if difficulties arise.
Similar cases
Server's unfair dismissal claim struck out after failing to engage with tribunal
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.
20-year lunchtime supervisor loses constructive dismissal claim filed too late
A lunchtime supervisor with 20 years' service resigned claiming constructive dismissal but filed her claim 117 days late. The tribunal dismissed the claim for lack of jurisdiction and struck out discrimination claims as having no reasonable prospect of success.
Struck out for not pursuing claim: a lesson in tribunal deadlines
A former employee who brought claims for unfair dismissal and pregnancy discrimination had her case struck out after failing to comply with orders and not attending the hearing.
Claims struck out after claimant and representative fail to attend hearing
A former employee's race and sex discrimination claims were struck out after she and her representative failed to attend a preliminary hearing without explanation. A later bid to reinstate the case was refused.