Claim dismissed after both parties fail to attend final hearing

A case that fell apart before it could be heard

This case shows how a tribunal claim can collapse when neither party is ready or willing to proceed. The former employee had brought claims for constructive unfair dismissal, wrongful dismissal, and victimisation against Italian Catering Concept Ltd. After a preliminary hearing in April 2023, the tribunal had made clear orders: the claimant was to update his schedule of loss and provide witness statements, and the respondent was to provide its own statements and an agreed hearing bundle. Neither side complied.

By the time of the final hearing in September 2023, the respondent had entered voluntary liquidation. The claimant did not attend, did not send a representative, and did not respond to the tribunal's attempts to contact him by phone or email. The tribunal was left with no evidence, no witnesses, and no explanation for the absence.

What the losing side could have done differently

The claimant could have attended the hearing even if the respondent was in liquidation. The tribunal might have proceeded in the respondent's absence and could still have made a decision on the merits if the claimant had provided evidence. Alternatively, if he could not attend, he should have contacted the tribunal in advance to request a postponement. By staying silent, he left the tribunal with no choice but to dismiss the claim.

Why this result matters

This case is a reminder that tribunal claims require active participation. Even if the employer has gone out of business, the claimant must still comply with orders and attend hearings. The tribunal's power to dismiss under Rule 47 is a blunt tool, but it is used when parties fail to engage. For anyone considering a claim, the lesson is clear: the tribunal will not chase you — you must take responsibility for progressing your case.