Former employee's claims struck out after failing to attend hearing on time limits
A tribunal struck out claims for unfair dismissal, unpaid wages and race discrimination after the claimant failed to attend a preliminary hearing and his claims were presented out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant presented claims of unfair dismissal, wages/notice pay, and race discrimination.
- The claims were presented out of time.
- The claimant and his representative did not attend the preliminary hearing.
- The respondent opposed any further delay.
- The tribunal proceeded in the claimant's absence.
Timeline
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Hearing notice sent
The Tribunal notified the parties of the hearing on 17 November 2022.
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Non-attendance email
The claimant's partner/representative emailed the Tribunal stating neither she nor the claimant would attend due to work commitments.
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Preliminary hearing
The tribunal held a preliminary hearing to consider jurisdiction regarding time limits. The claimant did not attend.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the claimant's claims of unfair dismissal, unlawful deduction from wages, and race discrimination, given that they were presented after the statutory time limits.
The outcome
The tribunal struck out all three claims.
- The unfair dismissal and wages claims were presented out of time, and the tribunal found it was reasonably practicable for the claimant to have presented them in time.
- The race discrimination claim was also out of time, and the tribunal decided it was not just and equitable to extend the deadline.
- The claimant and his representative did not attend the hearing, despite being given clear notice, and the tribunal proceeded in their absence.
Lessons & takeaways
- Employment tribunal claims must be presented within strict time limits – usually three months minus one day from the event giving rise to the claim.
- If you cannot attend a hearing, you should request an adjournment as early as possible and provide a good reason; last-minute non-attendance is unlikely to be accepted.
- Ignoring tribunal correspondence or failing to engage with the process can lead to your claims being struck out without a full hearing on the merits.
- If you are unsure about time limits, seek legal advice promptly – delays can be fatal to your case.
This case shows how quickly employment tribunal claims can unravel when time limits are missed and procedural obligations are ignored. The former employee brought claims for unfair dismissal, unpaid wages and race discrimination, but all three were struck out at a preliminary hearing because they were presented too late.
Why the claims failed
The tribunal found that the unfair dismissal and wages claims were presented out of time and that it was reasonably practicable for the claimant to have submitted them earlier. For the race discrimination claim, the tribunal considered whether it would be 'just and equitable' to extend the deadline, but decided against it. Crucially, the claimant and his representative did not attend the hearing, despite being given clear notice. They emailed the tribunal the day before saying they could not attend due to work commitments, but the tribunal decided to proceed in their absence.
What could have been done differently
The claimant could have sought advice on time limits as soon as the dispute arose. If he could not attend the hearing, a formal adjournment request with a proper explanation should have been made well in advance. Engaging with the respondent's attempts to agree a hearing bundle might also have shown good faith. The tribunal noted that English was not the claimant's first language, but the hearing notice was clear, and he had a representative.
The bigger picture
This case is a reminder that employment tribunals take time limits seriously. Even if you have a strong claim on the facts, missing the deadline can be fatal. It also highlights the importance of attending hearings or seeking an adjournment properly. The tribunal's decision to strike out all claims means the former employee received nothing – no compensation, no hearing on the merits, and no opportunity to argue his case.
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