Broadcast journalist's discrimination claim dismissed after failing to attend final hearing
A BBC World Service journalist who claimed disability discrimination and victimisation had her case dismissed after she failed to attend the final hearing. The tribunal refused her applications for postponement and later refused reconsideration.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a broadcast journalist for BBC World Service Arabic Radio.
- She was dismissed by reason of voluntary redundancy on 9 December 2019.
- Her claims for unfair dismissal and breach of contract were struck out as having no reasonable prospect of success.
- Time was extended on just and equitable grounds for her disability discrimination and victimisation claims.
- The claimant withdrew her direct disability discrimination claim at the final hearing.
- The claimant failed to attend the final hearing on 17 and 18 November 2022 and her claim was dismissed under Rule 47.
- The claimant's application for reconsideration was refused.
Timeline
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Grievance raised
The claimant raised a grievance about gender-related issues, which is relied upon as the protected act for victimisation.
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First redundancy risk
The claimant's role was put at risk of redundancy in a first restructure round.
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Second grievance
The claimant raised a further grievance requesting a move to a different team.
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Final decision on team move
The respondent's manager confirmed that the claimant's substantive role was in radio and she was expected to work there, refusing her request to move teams.
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Claimant stopped attending work
The claimant did not return to work after authorised leave, leading to unauthorised absence.
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Voluntary redundancy request
The claimant applied for voluntary redundancy within hours of being informed her role was at risk.
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Dismissal by voluntary redundancy
The claimant was dismissed by voluntary redundancy with a termination date of 9 December 2019.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Preliminary hearing
Employment Judge Elliott struck out unfair dismissal and breach of contract claims, but extended time for discrimination and victimisation claims.
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Final hearing day 1
The claimant attended and withdrew her direct disability discrimination claim; her postponement application was refused.
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Final hearing day 2
The claimant did not attend; her postponement application was refused and she was given further opportunity to provide medical evidence.
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Final hearing day 3
The claimant did not attend; her postponement application was refused and the claim was dismissed under Rule 47.
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Judgment issued
The Tribunal issued its judgment dismissing the claim.
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Reconsideration application
The claimant applied for reconsideration of the judgment.
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Reconsideration hearing
The Tribunal heard the reconsideration application.
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Reconsideration refused
The Tribunal refused the reconsideration application.
The legal issue
The tribunal had to decide whether to strike out claims for unfair dismissal and breach of contract, whether to extend time for discrimination and victimisation claims, and later whether to dismiss the remaining claims due to the claimant's non-attendance at the final hearing.
The outcome
The tribunal struck out the unfair dismissal and breach of contract claims as having no reasonable prospect of success, but extended time for the disability discrimination and victimisation claims. However, at the final hearing, the claimant withdrew her direct disability discrimination claim and then failed to attend the remaining hearing days. Despite being given opportunities to provide medical evidence, she did not attend, and the tribunal dismissed the entire claim under Rule 47. Her application for reconsideration was refused.
- No compensation awarded as the claim was dismissed.
Lessons & takeaways
- If you cannot attend a tribunal hearing, you must provide strong medical evidence to support a postponement; a mere note may not be enough.
- Failing to attend a final hearing without good reason can result in your entire claim being dismissed, even if parts were previously allowed to proceed.
- Voluntary redundancy can be a dismissal, but it may be hard to argue unfair dismissal if you applied for it and agreed to the terms.
- Time limits for discrimination claims can be extended if it is 'just and equitable', but the claim must still be pursued diligently.
A case derailed by non-attendance
This case shows how a claimant's failure to attend a final hearing can bring proceedings to an abrupt end, regardless of the merits of the underlying claims. The broadcast journalist had worked for the BBC World Service Arabic Radio team and raised grievances about gender issues and a request to move teams. She stopped attending work in September 2019 and later applied for voluntary redundancy, which was accepted. She then brought claims for unfair dismissal, breach of contract, disability discrimination, and victimisation.
What the tribunal decided
At a preliminary hearing, the tribunal struck out the unfair dismissal and breach of contract claims, finding they had no reasonable prospect of success. However, it extended time for the discrimination and victimisation claims, allowing them to proceed. But when the final hearing arrived, the claimant withdrew her direct disability discrimination claim and then failed to attend the remaining two days. Despite being given extra time to provide medical evidence, she did not attend, and the tribunal dismissed the entire claim under Rule 47. Her subsequent application for reconsideration was also refused.
What could have been done differently
The tribunal gave the claimant several opportunities to explain her absence and provide medical evidence. She submitted a doctor's note but it did not cover the full period of the hearing. The tribunal concluded that her absence was not justified. If she had attended or provided stronger evidence, the case might have been heard on its merits. The outcome also highlights the risk of pursuing a claim without legal representation, especially when procedural rules are strict.
Why this matters
For anyone considering an employment tribunal claim, this case is a reminder that attendance at hearings is critical. Even if parts of your claim survive early challenges, failing to appear can result in total dismissal. It also shows that voluntary redundancy can be a dismissal, but it may be difficult to argue unfair dismissal if you initiated the process. Finally, while tribunals can extend time limits for discrimination claims, they expect claimants to pursue their cases actively and attend hearings as required.
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