Former employee's claims dismissed after failing to attend hearing and comply with orders
A former employee who failed to attend his final hearing and repeatedly ignored tribunal orders has had all his claims dismissed. The tribunal found no realistic prospect of progressing the case.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant failed to attend the hearing on 15 May 2023.
- The claimant claimed he believed the hearing was on 28 May 2023, a Sunday.
- The claimant had been ordered to provide details of his disability since February 2022 but failed to do so.
- Three previous hearings had been postponed, two at the claimant's request.
- The claimant had a fit note for stress and anxiety but was fit for adjusted duties.
- The tribunal found no realistic prospect of progressing the case and dismissed it under rule 47.
Timeline
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Order to provide disability details
The claimant was ordered to provide full details and disclosure regarding his alleged disability.
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Previous hearing
A hearing was held where orders were made, which the claimant later failed to comply with.
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Fit note issued
The claimant obtained a fit note covering stress and anxiety, stating he was fit for adjusted hours and duties.
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Final hearing
The claimant did not attend. The tribunal dismissed all claims under rule 47 due to non-compliance and non-attendance.
The legal issue
The tribunal had to decide whether to strike out the claimant's case for failing to attend the final hearing and for persistent non-compliance with tribunal orders, including providing details of his alleged disability.
The outcome
The tribunal dismissed all claims under rule 47 of the Employment Tribunals Rules of Procedure 2013.
The key reasons were:
- The claimant failed to attend the hearing, claiming he thought it was on a Sunday, an explanation the tribunal found inadequate.
- He had been ordered to provide disability details since February 2022 but never did, despite multiple extensions and adjustments.
- Three previous hearings had been postponed, two at his request, and he had not complied with orders from the last hearing.
- The tribunal concluded there was little realistic prospect of obtaining the necessary information or attendance to progress the case.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you have a disability, provide the tribunal with the required medical evidence as early as possible to avoid delays and potential strike-out.
- Always check the hearing date carefully and notify the tribunal immediately if you cannot attend.
- Complying with tribunal orders is essential — repeated failures can lead to your case being dismissed even if you have a potentially valid claim.
- If you have difficulties with technology or paperwork, ask the tribunal for reasonable adjustments rather than ignoring deadlines.
When non-attendance ends a case
This case shows how failing to engage with the tribunal process can have serious consequences, regardless of the merits of the underlying claim. The former employee had brought claims including disability discrimination and unfair dismissal against West Midlands Ambulance Service University NHS Foundation Trust, but the tribunal never reached the substance of those allegations.
The central problem was the claimant's repeated failure to comply with orders. Since February 2022 — over a year before the final hearing — he had been required to provide full details of his alleged disability. Despite chasers, extensions, and adjustments, he never did. The tribunal even listed the final hearing as an adjustment to help him, but he did not attend.
What the tribunal considered
When the claimant failed to appear, the tribunal contacted him. He said he thought the hearing was on 28 May 2023 — a Sunday — but could not explain where that date came from. The actual date had been communicated at least three times. The claimant suggested his confusion was due to dyslexia, but the tribunal noted he had been able to correspond with the tribunal and share some documents.
The tribunal also considered a fit note covering stress and anxiety, but it stated the claimant was fit for adjusted hours and duties. There was nothing to suggest he was unable to comply with orders or attend the hearing. With three previous postponements and no progress, the tribunal concluded it was in the interests of justice to dismiss the case.
What this means for similar claims
This outcome is a reminder that tribunals expect claimants to engage actively with the process. While adjustments are available for those with disabilities, they must be requested and supported with evidence. Ignoring orders or missing hearings without a strong explanation can lead to the case being struck out, leaving the claimant with no remedy and potentially a costs risk.
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