Constructive dismissal claim thrown out after claimant failed to attend hearing
A former employee who brought constructive unfair dismissal and other claims against Just Trays Ltd had their case dismissed after failing to attend the final hearing or comply with case management orders.
1 min read · Last updated 18 May 2026
Key facts
- The claimant presented complaints of constructive unfair dismissal and other payments.
- The claimant did not attend the final hearing and had no contact with the respondent since leaving employment.
- The claimant failed to comply with standard case management orders.
- The tribunal dismissed the claims under Rule 47 due to the claimant's non-attendance.
Timeline
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Claim presented
The claimant presented complaints of constructive unfair dismissal, other payments, and an unclear allegation about drugs.
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ACAS contact
ACAS had indirect contact with the respondent about the proceedings.
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Notice of hearing sent
The tribunal sent notice listing the final hearing for 14 June 2023 with standard directions.
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Final hearing
The claimant did not attend; the tribunal dismissed the claims under Rule 47.
The legal issue
The tribunal had to decide whether to dismiss the claims due to the claimant's failure to attend the final hearing and lack of engagement with the proceedings, or to postpone the hearing despite no request.
The outcome
The tribunal dismissed all claims brought by the former employee against Just Trays Ltd.
The key reason was the claimant's non-attendance at the final hearing and failure to comply with standard case management orders. The tribunal noted that the claimant had not contacted the respondent since leaving employment and had not responded to directions.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you bring a tribunal claim, you must attend the final hearing unless you have a very good reason and have notified the tribunal in advance.
- Failing to comply with case management orders can lead to your claim being struck out, even before the final hearing.
- If you lose interest in a claim, it is better to withdraw it formally rather than simply not attend, as a dismissal under Rule 47 may still be recorded against you.
- Tribunals have discretion to dismiss claims where a claimant shows no intention of pursuing them, to avoid wasting the respondent's time and public resources.
A claim that ran out of steam
This case illustrates what can happen when an employee brings a tribunal claim but then loses interest or fails to engage with the process. The former employee presented complaints of constructive unfair dismissal and other payments against Just Trays Ltd, but after the initial ACAS contact, they did nothing further. They did not comply with standard case management orders and did not attend the final hearing.
The tribunal judge considered three options: postpone, proceed in the claimant's absence, or dismiss under Rule 47. Postponing would have wasted the respondent's time and public money, and the claimant had not requested it. Proceeding without the claimant was seen as unfair to both sides. Dismissal was the most practical outcome, particularly as the judge noted the claimant had probably moved on with their life.
What the respondent did right
Just Trays Ltd attended the hearing with managers and was prepared to defend the claims. The tribunal acknowledged that the respondent should not be left in limbo. The company had not heard from the claimant since he left employment, and only indirect ACAS contact had occurred.
Why this matters
This case is a reminder that bringing a tribunal claim requires ongoing commitment. If you do not pursue your claim, the tribunal can strike it out, and you may lose the chance to have your case heard on its merits. If circumstances change, it is better to withdraw or seek advice than to simply not show up.
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