Former employee's constructive dismissal claim dismissed after failing to attend telephone hearing
A former employee who did not dial in to a preliminary telephone hearing had his claims of constructive unfair dismissal, age discrimination and unpaid wages thrown out. His late application for reconsideration was also refused.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented claims of constructive unfair dismissal, age discrimination, and unpaid wages on 24 August 2022.
- The claimant did not attend the preliminary hearing on 28 November 2022.
- The respondent attended by counsel and had attempted to contact the claimant without response.
- The tribunal dismissed the claims under Rule 47 due to the claimant's non-attendance.
- The claimant applied for reconsideration on 1 June 2023, but the application was refused as out of time and lacking merit.
Timeline
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Claim presented
The claimant presented claims of constructive unfair dismissal, age discrimination, and unpaid wages/bonus/holiday pay.
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Preliminary hearing
The claimant failed to attend the preliminary hearing. The tribunal dismissed the claims under Rule 47.
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Reconsideration application
The claimant applied for reconsideration of the dismissal judgment, stating he did not realise he needed to dial in.
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Reconsideration refused
Employment Judge Wade refused the application as out of time and lacking reasonable prospects.
The legal issue
The tribunal had to decide whether to dismiss the claimant's case for failing to attend a scheduled preliminary hearing, and later whether to reconsider that decision after the claimant applied many months late.
The outcome
The tribunal dismissed all claims because the claimant did not attend the preliminary hearing by telephone and had not responded to attempts to contact him. The judge noted that without further particulars the claims appeared to have little reasonable prospect of success, but that with proper particulars they might have been arguable.
The claimant applied for reconsideration over six months later, saying he did not realise he needed to dial in and had received incorrect advice from Acas. The tribunal refused the application because it was far outside the time limit and the explanation was not reasonable given the documentation sent to him.
Lessons & takeaways
- Always attend or arrange representation at any hearing the tribunal schedules – failing to do so can result in your claim being struck out.
- If you cannot attend a hearing, apply for a postponement in advance and explain why; silence will be taken as abandonment.
- Applications for reconsideration must be made promptly (usually within 14 days) – waiting months will almost certainly be refused.
- Relying on informal advice from Acas or others is no substitute for reading and following the tribunal's own directions and hearing notices.
What this case shows
This case is a cautionary tale about the importance of engaging with the tribunal process. The former employee brought claims of constructive unfair dismissal, age discrimination and unpaid wages against Drive DeVilbiss Healthcare Ltd. After presenting his claim in August 2022, he appears to have gone silent. He did not respond to the respondent's attempts to agree an agenda, did not provide further particulars of his claim, and did not attend the preliminary hearing by telephone.
The employment judge was left with the impression that the claimant had simply abandoned his case. The judge noted that the claims, without further detail, had little reasonable prospect of success – but that with proper particulars they might have become arguable. That possibility was lost when the claimant failed to attend.
What the respondent did
The respondent attended the hearing with counsel and had tried to engage the claimant beforehand. The tribunal acknowledged the need to use its resources fairly and dismissed the claim under Rule 47, which allows a claim to be struck out if a claimant fails to attend a hearing without good reason.
Why the reconsideration failed
The claimant applied for reconsideration over six months later, claiming he did not realise he had to dial in and that an Acas adviser had told him he did not need to attend. The judge found that belief unreasonable given the documentation sent to him, and that the application was far too late. The principle of certainty in justice meant the original decision stood.
For anyone bringing a tribunal claim, this case underlines that you must actively participate in the process. If you fail to attend a hearing without a good excuse, your claim can be dismissed – and a late apology is unlikely to reopen it.
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