Claim dismissed after former employee fails to attend virtual hearing
A tribunal dismissed a former employee's claim for unpaid wages and holiday pay after he failed to attend the telephone hearing. His application for reconsideration was refused because the notice had been sent to his email address.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed for less than two years.
- The claimant failed to attend the full merits hearing on 20 January 2023.
- The tribunal attempted to contact the claimant by telephone but was unsuccessful.
- The claimant's application for reconsideration was refused because the notice of hearing had been sent to his email address.
Timeline
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Claim received
The claimant's claim was received by the tribunal.
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First judgment
Employment Judge Russell struck out the complaints of unfair dismissal and unpaid redundancy payment due to insufficient service.
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Notice of hearing sent
The tribunal sent the claimant notice of the full merits hearing scheduled for 20 January 2023 by email.
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Full merits hearing
The claimant did not attend the hearing. The tribunal waited 25 minutes and attempted to contact him by telephone without success.
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Judgment dismissing claim
Employment Judge Barrowclough dismissed the claim due to the claimant's failure to attend.
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Judgment sent to parties
The judgment was emailed to the parties.
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Claimant's email
The claimant emailed stating he did not receive a login link for the virtual hearing.
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Reconsideration refused
Employment Judge Barrowclough refused the claimant's application for reconsideration.
The legal issue
The tribunal had to decide whether to dismiss the claim because the claimant did not attend the full merits hearing, and whether to reconsider that decision after the claimant said he had not received a login link.
The outcome
The tribunal dismissed the former employee's claim for unpaid wages, holiday pay, and other sums because he failed to attend the telephone hearing on 20 January 2023. The tribunal waited 25 minutes and tried to contact him by phone, but he did not respond.
The claimant later emailed to say he had not received a login link for the virtual hearing. The tribunal treated this as a request for reconsideration but refused it, because the notice of hearing had been sent to his email address on 13 December 2022 and there was no evidence it had bounced back.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Check your email regularly after submitting a claim — the tribunal will send hearing notices by email if you provided an email address.
- If you cannot attend a hearing, contact the tribunal immediately to explain why and ask for an adjournment.
- Make sure the tribunal has your correct contact details, including a working phone number, so they can reach you on the day.
- If you miss a hearing, you can apply for reconsideration, but you will need to show a good reason — simply saying you did not receive a link may not be enough if the notice was sent to your email.
This case shows how important it is to stay in touch with the tribunal after you bring a claim. The former employee had been pursuing complaints about unpaid wages, holiday pay, and other sums. But when the day of the full hearing arrived, he did not join the telephone call.
The tribunal waited 25 minutes and tried to phone him on the number he had provided. When there was no answer, the judge dismissed the claim. The employee later said he had not received a login link for the virtual hearing — but the tribunal had sent the notice of hearing to his email address over a month earlier, and there was no sign that the email had failed to arrive.
What the employer did right
Ion Man Limited attended the hearing and was ready to proceed. The tribunal noted that the respondent had done nothing wrong. The director appeared on time, and the tribunal was satisfied that the claimant had been properly notified.
What the employee could have done differently
If the employee had checked his email — including his spam folder — he would have seen the hearing notice. If he had any technical problems, he could have contacted the tribunal before the hearing to ask for help or an adjournment. Instead, he only got in touch three days after the judgment was sent out.
Why this matters
Tribunals expect parties to take responsibility for their own cases. If you fail to attend without a good reason, your claim can be struck out. And if you miss the hearing, getting a reconsideration is an uphill battle — especially if the tribunal can show that the notice was properly sent to the email address you gave them.
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