Former employee's dismissal claims thrown out after failing to attend final hearing
The tribunal dismissed unfair and wrongful dismissal claims after the claimant failed to attend the final hearing, and ordered her to pay £1,400 in costs for repeated delays and non-compliance.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented claims of unfair dismissal and wrongful dismissal.
- The claimant failed to attend the final hearing on 4 and 5 April 2023.
- The claimant's unfair dismissal and wrongful dismissal claims were dismissed due to non-attendance.
- The claimant was ordered to pay the respondent's costs of £1,400.00 for unreasonable conduct in the proceedings.
- The claimant's disclosure was nine months late, causing two postponements of the final hearing.
Timeline
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Claim presented
The claimant presented claims of unfair dismissal and additional monetary claims.
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Response presented
The respondent presented its response resisting the proceedings.
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Notice of hearing issued
The Tribunal listed the claim for hearing on 24 and 25 June 2021 with directions for disclosure by 18 January 2021.
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Disclosure deadline
The claimant failed to comply with the disclosure order.
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First hearing vacated
Due to the claimant's delays, the final hearing date was vacated.
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Promise to disclose
The claimant's representative promised to serve the list of documents by 28 May 2021 but failed to do so.
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Second hearing postponed
The final hearing listed for 5-7 July 2021 was postponed, and the strike out application was listed for 28 October 2021.
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Disclosure served
The claimant served the list of documents, nine months late.
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Costs hearing
Employment Judge Roper ordered the claimant to pay costs of £1,400.00 for unreasonable conduct.
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Final hearing (day 1)
The claimant attended via video for the full day.
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Final hearing (day 2)
The claimant attended by telephone only in the morning and did not attend in the afternoon.
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Final hearing (day 3)
The claimant did not attend; the claims were dismissed.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and wrongful dismissal claims should be dismissed because she did not attend the final hearing, and whether she should pay costs for her conduct during the proceedings.
The outcome
The tribunal decided to dismiss the claimant's unfair dismissal and wrongful dismissal claims because she failed to attend the final hearing on the third day and did not provide a satisfactory explanation.
The key reasons were:
- The claimant attended day 1 fully but only part of day 2, and did not attend day 3 at all.
- The tribunal considered that the claimant had been given every opportunity to present her case but chose not to participate.
- Additionally, the claimant was ordered to pay the respondent's costs of £1,400 for unreasonable conduct, specifically:
- Failing to comply with disclosure orders for nine months, causing two postponements of the final hearing.
- Repeatedly promising to provide documents but failing to do so.
Lessons & takeaways
- Attending every day of a tribunal hearing is essential; failure to attend without good reason can result in your claim being dismissed.
- Complying with tribunal orders, especially disclosure deadlines, is critical – repeated delays can lead to costs orders against you.
- If you are unable to attend a hearing, you must inform the tribunal as soon as possible and provide evidence of a valid reason.
- Unreasonable conduct during proceedings, such as late disclosure, can result in you being ordered to pay the other side's costs.
This case shows the serious consequences of failing to engage with tribunal proceedings. The former employee brought claims of unfair and wrongful dismissal against Isle of Wight NHS Trust, but her case was dismissed after she failed to attend the final hearing. She attended the first day fully and part of the second day by telephone, but did not attend the third day at all, and provided no explanation.
What went wrong
The tribunal had already been patient with the claimant's delays. She had failed to provide disclosure of documents by the original deadline of January 2021, and did not serve her list of documents until October 2021 – nine months late. This caused two postponements of the final hearing. The respondent applied to strike out the claim, but withdrew the application once disclosure was finally provided. However, the respondent sought costs for the wasted time, and the tribunal agreed.
Why the result matters
This case is a reminder that tribunals expect parties to comply with directions and attend hearings. If you bring a claim, you must take it seriously from start to finish. Failure to do so can result in your claim being dismissed and a costs order against you. The £1,400 costs order here was for the costs thrown away by the respondent due to the claimant's unreasonable conduct. Even if you have a strong case, procedural failings can undermine it completely.
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