Biomedical support worker's disability discrimination claims dismissed after failing to attend hearing
A tribunal dismissed a biomedical support worker's disability discrimination claims against former colleagues after he failed to attend a public preliminary hearing, despite having previously withdrawn his unfair dismissal claim.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a biomedical support worker from December 2017 until dismissal for capability on 20 November 2022.
- The claimant withdrew his unfair dismissal claim against the four respondents at the May 2023 hearing.
- The claimant failed to attend the public preliminary hearing on 31 July 2023.
- The claimant sent an email after the hearing explaining his stepdaughter had taken a bad turn.
- The tribunal dismissed the disability discrimination claims under Rule 47 due to non-attendance.
Timeline
-
Employment started
Claimant began working as a biomedical support worker at Leeds Teaching Hospital Trust.
-
Alleged incident with Ms Gilfeather
Claimant alleges Ms Gilfeather followed him to the lavatory, related to his FACET joint disease.
-
Grievance hearing
Claimant was represented by a Unison representative at a grievance hearing regarding complaints against colleagues.
-
Dismissal for capability
Claimant was dismissed by the Trust due to capability issues.
-
Claims presented
Claimant presented multiple claims including unfair dismissal and disability discrimination.
-
Legal officer review
Legal officer directed claimant to confirm he wished to pursue only claim 6000397/2023.
-
Claimant confirmed
Claimant confirmed he wished to proceed only with claim 6000397/2023.
-
First hearing
Telephone hearing where unfair dismissal claim was withdrawn and orders made for further information.
-
Further information provided
Claimant sent a raft of information including grievance outcome late on the deadline.
-
Public preliminary hearing
Claimant failed to attend; claims dismissed under Rule 47.
The legal issue
The tribunal had to decide whether to dismiss the claimant's disability discrimination claims due to his failure to attend the hearing, after he had already withdrawn his unfair dismissal claim and failed to clarify his allegations.
The outcome
The tribunal dismissed all disability discrimination claims against the four respondents because the claimant failed to attend the public preliminary hearing.
- The claimant had previously withdrawn his unfair dismissal claim at an earlier hearing.
- He sent an email after the hearing explaining his stepdaughter had taken a bad turn, but the tribunal found this did not justify his non-attendance.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Attending all scheduled hearings is crucial; failing to do so can result in your case being dismissed without consideration of the merits.
- If you cannot attend a hearing, you must inform the tribunal as soon as possible and provide a valid reason; a late email may not be sufficient.
- Withdrawing one claim (e.g., unfair dismissal) does not automatically protect other claims (e.g., disability discrimination) from being dismissed for procedural failures.
- Representing yourself (litigant in person) requires careful attention to deadlines and hearing dates; consider seeking legal advice or support.
This case shows how procedural failures can derail discrimination claims, even when the underlying facts might have merit. The claimant, a biomedical support worker with five years' service at Leeds Teaching Hospital Trust, had raised complaints about bullying and alleged disability discrimination linked to his FACET joint disease and chronic pancreatitis. However, a series of procedural missteps led to the claims being dismissed before they were ever heard on their substance.
What went wrong
The claimant initially presented multiple claims, but after a legal officer's direction, he confirmed he wished to pursue only one claim against four former colleagues. At a telephone hearing in May 2023, he withdrew his unfair dismissal claim (which could only be brought against his employer, the Trust, not individual colleagues). He was then ordered to provide further information about his disability discrimination allegations. He did so, but late on the deadline, sending a large volume of material.
The critical failure came at the public preliminary hearing on 31 July 2023. The claimant did not attend, and when the tribunal clerk called him, there was no answer. He later emailed explaining his stepdaughter had taken a bad turn, but the tribunal found this did not excuse his absence. Under Rule 47, the claims were dismissed.
What the losing side could have done differently
The claimant could have avoided dismissal by attending the hearing or, if genuinely unable to attend, contacting the tribunal in advance to request an adjournment. A simple phone call or email before the hearing might have saved his case. Additionally, he could have sought legal representation or advice to navigate the procedural requirements, especially after withdrawing his unfair dismissal claim.
Why this matters
This case is a stark reminder that tribunals expect claimants to engage actively with the process. Even strong discrimination claims can be thrown out for non-attendance. For anyone considering bringing a claim, it is essential to keep track of hearing dates, communicate promptly with the tribunal, and understand that withdrawing one claim does not give you leeway on others. The tribunal's focus on procedure here, rather than the merits of the discrimination allegations, highlights the importance of playing by the rules.
Similar cases
Claims struck out after former employee fails to attend hearing or comply with orders
A former employee's unfair dismissal and disability discrimination claims have been struck out after he failed to attend a preliminary hearing and did not comply with tribunal orders to provide evidence.
Claims struck out after claimant failed to comply with tribunal orders
A former employee's unfair dismissal and disability discrimination claims were struck out after they failed to attend hearings, comply with case management orders, or contact the tribunal for over six months.
Former employee's claims dismissed after failing to attend hearing and comply with orders
A former employee who failed to attend his final hearing and repeatedly ignored tribunal orders has had all his claims dismissed. The tribunal found no realistic prospect of progressing the case.
Former employee's claims struck out after ignoring tribunal orders and failing to attend hearing
A former employee's unfair dismissal and disability discrimination claims have been struck out after he repeatedly failed to comply with case management orders and did not attend the strike-out hearing.