Former employee's claims dismissed after failing to attend final hearing

A case of non-attendance

This case shows the risks of not attending a tribunal hearing, even when you have a seemingly valid reason. The former employee had been dismissed by Tesco Stores Limited in September 2019 and brought claims of unfair dismissal and discrimination. After two previous postponements due to lack of judicial resources, the final hearing was set for March 2022. The claimant applied for a postponement in early March because he had started a new job and was on probation until May 2022. The tribunal refused, noting the case was already over two years old and he should have arranged time off earlier.

On the morning of the hearing, the claimant emailed again, apologising and repeating his request, but he did not attend. The tribunal tried to call him twice but got no answer. The respondent's counsel applied to dismiss the claims under Rule 47, arguing the claimant had no good reason for not attending and that further delay would harm the respondent's witnesses' memories. The tribunal agreed and dismissed all claims.

What could have been done differently?

The claimant could have sought permission from his employer to attend the hearing well in advance, or provided evidence that he had been refused time off. His email did not show he had tried to negotiate with his employer. The tribunal noted that previous postponements were not his fault, but he was expected to give priority to his litigation once the date was set.

Why this matters

This case is a reminder that tribunals expect parties to attend hearings unless there is a compelling reason. A new job and probation period, without more, may not be enough. The claimant's claims were dismissed without any consideration of their merits, and he lost the opportunity to have his case heard. The respondent's later application for costs was refused, but that does not undo the dismissal of the claims.