Holiday pay claim dismissed after claimant fails to attend hearing
A former employee's claim for holiday pay was dismissed after she failed to attend the final hearing and did not comply with case management orders. The tribunal found she had not actively pursued her claim.
1 min read · Last updated 18 May 2026
Key facts
- The claimant presented a claim on 23 May 2022 for unfair dismissal and holiday pay.
- The claimant had less than two years' service, so the unfair dismissal complaint was struck out on 10 October 2022.
- The remaining claim was identified as unauthorised deductions from wages for holiday pay.
- The claimant failed to comply with case management orders and did not attend the final hearing.
- The respondent also failed to attend or comply with orders.
- The tribunal dismissed the claim due to non-attendance and failure to pursue.
Timeline
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Claim presented
The claimant presented a claim for unfair dismissal and holiday pay.
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Notice of claim sent
The tribunal sent a notice of claim and a letter warning the claimant about insufficient service for unfair dismissal.
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Deadline for strike-out response
The claimant was given until this date to provide reasons why the unfair dismissal complaint should not be struck out.
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Respondent's response
The respondent presented a response denying the claim but without coherent reasons.
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Unfair dismissal struck out
Employment Judge Self struck out the unfair dismissal complaint due to lack of service.
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Case management hearing
Employment Judge Chapman KC converted the full hearing to a case management discussion, identified the remaining claim as unauthorised deductions for holiday pay, and set orders.
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Order sent
The tribunal sent the order recording the hearing date and case management orders.
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Letter requesting update
The tribunal asked parties to indicate if they still required a hearing and were ready to proceed.
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CVP login details sent
The tribunal sent an email with CVP login details for the hearing.
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Final hearing and dismissal
Neither party attended. The tribunal dismissed the claim due to non-attendance and failure to pursue.
The legal issue
Whether the claimant's remaining claim for unauthorised deductions from wages (holiday pay) should be dismissed due to her non-attendance at the hearing and failure to comply with case management orders.
The outcome
The tribunal dismissed the claim in its entirety.
The key reasons were:
- The claimant did not attend the final hearing, despite being notified of the date and time.
- She had failed to comply with case management orders and did not respond to a letter asking if she still wished to proceed.
- The tribunal concluded she was not actively pursuing her claim.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you bring a claim, you must comply with tribunal orders and attend hearings, or your claim may be struck out.
- Check your email regularly and respond to tribunal correspondence promptly to avoid missing deadlines.
- If you cannot attend a hearing, inform the tribunal as soon as possible and provide a good reason.
- Even if your employer does not defend the claim, you still need to pursue it actively.
This case shows how a claim can be dismissed simply because the claimant does not follow through. The former employee brought a claim for holiday pay after her dismissal, but she failed to comply with case management orders, did not respond to a letter asking if she still wanted a hearing, and did not attend the final hearing. When the tribunal phoned her, she said she was at work and had not checked her email.
What the tribunal considered
The tribunal had the power to dismiss the claim for non-attendance under Rule 47 of the Employment Tribunal Rules. It also considered Rule 37, which allows striking out a claim that has not been actively pursued. The claimant had been given multiple opportunities: she attended a case management hearing where the date was set, and she was sent reminders. Her explanation — that she forgot and was working — was not considered a good reason to adjourn.
What could have been done differently
The claimant could have kept in touch with the tribunal, complied with the orders (such as providing witness statements or documents), and attended the hearing. If she could not attend, she should have asked for an adjournment in advance. The respondent also failed to attend, but that did not help the claimant — the tribunal still expected her to pursue her case.
Why this matters
Employment tribunals expect claimants to take their cases seriously. Even a potentially valid claim for holiday pay can be lost if the claimant does not engage with the process. This case is a reminder that bringing a claim is only the first step; you must follow the rules and attend hearings to get a decision on the merits.
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