Claim struck out after claimant and his son failed to attend hearings
A former employee's unfair dismissal claim was struck out after he and his son repeatedly failed to attend hearings and did not comply with tribunal directions.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant failed to attend a preliminary hearing on 20 July 2023.
- The claimant's son emailed the tribunal but did not provide a satisfactory explanation for the absence.
- The tribunal ordered the claimant to copy an email to the respondent, which was not done.
- The claimant failed to attend a further hearing on 14 November 2023.
- The tribunal found the claimant was not actively pursuing his claim.
Timeline
-
Preliminary hearing
The claimant did not attend; the tribunal contacted him but he was unavailable.
-
Letter from tribunal
The tribunal gave the claimant an opportunity to explain why the claim should not be struck out.
-
Claimant's son emails
The claimant's son acknowledged the letter and stated he would appeal.
-
Direction for response
Employment Judge Sweeney directed the claimant to provide a more detailed response.
-
Claimant's son emails again
The claimant's son claimed the court had the wrong number for his father.
-
Final direction
Employment Judge Arullendran directed the claimant to explain non-attendance by 25 September 2023.
-
Claimant's son emails tribunal only
The claimant's son repeated the claim about incorrect phone number.
-
Notice of hearing
Parties were sent notice of a preliminary hearing on 14 November 2023, with warnings about non-attendance.
-
Claimant's son confirms attendance
The claimant's son emailed stating 'Confirm am attending'.
-
Hearing and strike out
The claimant and his son did not attend; the tribunal struck out the claim.
The legal issue
Whether the claim should be struck out because the claimant was not actively pursuing it, having missed hearings and failed to follow tribunal directions.
The outcome
The tribunal decided to strike out the claim.
The key reasons were:
- The claimant failed to attend a preliminary hearing on 20 July 2023 without a satisfactory explanation.
- He did not comply with an order to copy an email to the respondent.
- He then failed to attend a further hearing on 14 November 2023.
- The tribunal concluded the claimant was not actively pursuing his claim.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Attend all tribunal hearings unless you have a very good reason and have notified the tribunal in advance.
- Follow all tribunal directions exactly, including copying correspondence to the other side.
- If you cannot attend a hearing, provide a clear and timely explanation to the tribunal.
- Relying on a representative who does not attend or comply can lead to your claim being struck out.
What this case shows
This case illustrates how failing to engage with the tribunal process can be fatal to a claim, even before the merits are considered. The former employee brought an unfair dismissal claim but neither he nor his son, who was acting as his representative, attended the first preliminary hearing. The tribunal gave him a chance to explain, but the responses from his son were vague and did not comply with directions.
What could have been done differently
The claimant could have ensured he attended the hearings or provided a proper reason for absence. He also failed to copy an email to the respondent as ordered, and his son gave conflicting information about phone numbers and hearing times. A simple, timely explanation and compliance with directions might have saved the claim.
Why this matters
Tribunals expect claimants to actively pursue their cases. Non-attendance and non-compliance with orders are grounds for striking out a claim. This case is a reminder that the process must be taken seriously from the start, and that relying on a representative who does not engage properly can have serious consequences.
Similar cases
Claims struck out after employee failed to comply with tribunal orders
A former employee's claims for constructive unfair dismissal, disability discrimination, and age discrimination have been struck out after repeated failures to comply with tribunal orders and participate in hearings.
Claims struck out after former employee fails to attend hearing or comply with orders
A former employee's unfair dismissal and disability discrimination claims have been struck out after he failed to attend a preliminary hearing and did not comply with tribunal orders to provide evidence.
Former employee's claim struck out after failing to comply with tribunal orders
A former employee's unfair dismissal claim against Navaratna South Indian Restaurant Ltd. was struck out after she failed to attend a hearing and did not comply with case management orders. No compensation was awarded.
Claims struck out after claimant failed to comply with tribunal orders
A former employee's unfair dismissal and disability discrimination claims were struck out after they failed to attend hearings, comply with case management orders, or contact the tribunal for over six months.