Former employee's claim dismissed after failing to attend tribunal hearing
A former employee's unfair dismissal claim was thrown out after he failed to attend a preliminary hearing without explanation. The tribunal ruled he had abandoned the claim.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #rule-47
- #dismissed
Key facts
- The claimant was employed from 22 July 2019 to 12 November 2021.
- The claimant presented a claim form on 26 September 2021 but it was unclear what complaint he wanted to bring.
- A preliminary hearing was scheduled for 20 October 2022 to consider jurisdiction.
- The claimant did not attend the hearing and did not contact the tribunal.
- The tribunal dismissed the claim under rule 47 for non-attendance.
Timeline
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Employment started
Mr Klamut began employment with Calex UK Limited.
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Early conciliation started
Early conciliation began.
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Claim form presented
Mr Klamut presented a claim form to the tribunal.
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Early conciliation ended
Early conciliation ended.
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Resignation effective
Mr Klamut's resignation took effect.
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Preliminary hearing for case management
Employment Judge Gumbiti-Zimuto held a telephone preliminary hearing and ordered a public preliminary hearing on jurisdiction.
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Deadline for skeleton arguments
The claimant was ordered to provide a skeleton argument but did not.
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Public preliminary hearing
The claimant did not attend; the tribunal dismissed the claim under rule 47.
The legal issue
The tribunal had to decide whether it could consider the claimant's complaint, which was unclear from the claim form. A preliminary hearing was set to determine jurisdiction, but the claimant did not attend.
The outcome
The tribunal dismissed the claim due to the claimant's non-attendance at a preliminary hearing. He had not complied with an order to provide a skeleton argument and did not contact the tribunal despite attempts to reach him. The claim was struck out under rule 47, which allows dismissal when a party fails to attend a hearing. No compensation was awarded.
Lessons & takeaways
- Always attend tribunal hearings or notify the tribunal in advance if you cannot attend — failure to do so can result in your claim being dismissed.
- Comply with tribunal orders, such as deadlines for skeleton arguments, to avoid negative consequences.
- If you are unclear about your claim, seek advice early to clarify the legal basis before filing.
- Keep in touch with the tribunal and the respondent; silence can be interpreted as abandonment of your case.
This case shows the importance of engaging with the tribunal process. The former employee had been employed by Calex UK Limited from July 2019 until his resignation in November 2021. He presented a claim form in September 2021, but it was unclear what complaint he was making. A preliminary hearing was scheduled to determine whether the tribunal had jurisdiction to hear the case.
What went wrong
The claimant did not attend the hearing and made no contact. He had also failed to provide a skeleton argument by the deadline. The tribunal clerk tried to reach him by phone but only got voicemail. After waiting 20 minutes, the judge proceeded in his absence and dismissed the claim under rule 47. The judge noted that the claimant's lack of engagement suggested he had decided not to pursue the claim.
What could have been done differently
The claimant could have attended the hearing or at least contacted the tribunal to explain his absence. Even a brief message might have led to a postponement rather than dismissal. He also could have sought advice to clarify his claim, which might have avoided the need for a jurisdiction hearing altogether.
Why this matters
This case is a reminder that tribunals expect parties to take their claims seriously. Non-attendance without good reason is likely to result in dismissal. However, the judgment notes that the claimant can apply for reconsideration if he has a good reason for his absence. For anyone considering an employment tribunal claim, staying engaged and communicating with the tribunal is essential.
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