Apprentice electrician's unfair dismissal claim thrown out after failing to attend hearings
A former apprentice electrician had his unfair dismissal and discrimination claims dismissed after he failed to attend a preliminary hearing and ignored tribunal orders. The employer was awarded £760 in preparation costs.
1 min read · Last updated 18 May 2026
Case details
- #apprentice-electrician
- #failure-to-attend
- #costs-order
- #preparation-time-order
- #rule-47-dismissal
Key facts
- The claimant was employed as an apprentice electrician from 1 August 2020 to 7 September 2021.
- The claimant brought claims for unfair dismissal, age discrimination, and money claims.
- The claimant failed to comply with multiple tribunal directions to provide particulars and witness statements.
- The claimant did not attend the preliminary hearing on 9 May 2023 and did not respond to tribunal enquiries.
- The tribunal dismissed all claims under Rule 47 for non-attendance and non-compliance.
- The respondent was awarded a preparation time order of £760 for unreasonable conduct by the claimant.
Timeline
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Employment started
Claimant began employment as an apprentice electrician with Power Up Manchester Limited.
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Employment ended
Claimant's employment ended.
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Claim presented
Claimant presented claims for unfair dismissal, age discrimination, and money claims.
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First preliminary hearing
Neither party attended; EJ Slater directed claimant to provide particulars and witness statement.
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Second preliminary hearing
Both parties attended; EJ Porter directed claimant to re-send email and provide further particulars by 27 March 2023.
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Deadline for compliance
Claimant failed to comply with directions to provide particulars and witness statement.
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Final preliminary hearing
Claimant did not attend; claims dismissed under Rule 47.
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Costs application
Respondent applied for costs.
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Costs judgment
Employment Judge Butler awarded preparation time order of £760.
The legal issue
The tribunal had to decide whether to strike out the claimant's entire case for non-attendance and non-compliance with orders, and whether to award costs to the respondent for the claimant's unreasonable conduct.
The outcome
The tribunal dismissed all claims in their entirety. The claimant had failed to attend the final preliminary hearing and had not complied with earlier directions to provide case details and witness statements. Despite attempts to contact him, he gave no explanation for his absence.
- The respondent was awarded a preparation time order of £760 for the claimant's unreasonable conduct, including failing to engage with the process and causing unnecessary work.
Lessons & takeaways
- Attend all tribunal hearings or inform the tribunal in advance if you cannot — failure to attend can lead to your case being dismissed.
- Comply with tribunal orders to provide particulars and witness statements by the deadlines given, or risk having your claim struck out.
- If you bring a claim, be prepared to engage with the process — ignoring directions can result in a costs order against you.
- Length of service matters: an employee with less than two years' service cannot bring an unfair dismissal claim (unless the reason is automatically unfair).
This case shows what happens when a claimant fails to engage with the employment tribunal process. The former apprentice electrician brought claims for unfair dismissal, age discrimination, and money claims against Power Up Manchester Limited. However, after multiple opportunities to comply with directions, he stopped responding altogether.
What went wrong
The tribunal gave the claimant several chances. At a preliminary hearing in November 2022, he was directed to provide details of his claim and a witness statement. He did not comply. At a further hearing in February 2023, he was given a final deadline of 27 March 2023. Again, he failed to provide the required information. When the final preliminary hearing came on 9 May 2023, he did not attend and did not respond to the tribunal's calls or emails.
The tribunal had no choice but to dismiss the claims under Rule 47 — a rule that allows a case to be struck out if a claimant fails to attend a hearing or comply with orders. The judge noted that there was no explanation for the absence.
The costs order
The respondent applied for costs, arguing the claimant's conduct was unreasonable and vexatious. The tribunal agreed and made a preparation time order of £760. This covers the time the respondent spent preparing for hearings that the claimant did not attend or comply with.
What this means for similar claims
Employment tribunals expect claimants to take their cases seriously. Ignoring directions or failing to attend hearings without good reason will almost certainly result in the claim being dismissed. It may also lead to a costs order, which is relatively rare in tribunal claims but can be made where a party acts unreasonably.
For anyone considering bringing a claim, the message is clear: follow the tribunal's instructions, attend hearings, and communicate if you cannot. Otherwise, you risk not only losing your case but also having to pay the other side's costs.
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