Former employee's claim dismissed after failing to attend final hearing
A former employee who did not attend her final hearing and failed to comply with directions had her claim dismissed by the tribunal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed for less than two years.
- The unfair dismissal claim was struck out on 3 January 2021 for lack of qualifying service.
- The claimant failed to comply with any directions after the case management hearing on 27 September 2021.
- The claimant did not attend the final hearing on 11 October 2022 despite being notified.
- The respondent also failed to comply with directions but attended the hearing.
Timeline
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Dismissal
The claimant was dismissed from her employment.
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Response submitted
The respondent submitted a response denying the claim.
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Unfair dismissal struck out
The unfair dismissal complaint was struck out due to insufficient service.
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Case management hearing
Directions were made for the future conduct of the claim, and a hearing date was set.
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Final hearing
The claimant did not attend; the claim was dismissed under rule 47.
The legal issue
The tribunal had to decide whether to dismiss the claim because the claimant did not attend the final hearing and had not complied with any directions since the case management hearing.
The outcome
The tribunal dismissed the claim in its entirety.
The claimant had not attended the final hearing despite being notified, and had not complied with any directions since September 2021. The respondent also failed to comply with directions but attended the hearing.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you bring a tribunal claim, you must attend all hearings and comply with directions, or your claim may be dismissed.
- Even if you have a good case, failing to engage with the process can lead to dismissal regardless of the merits.
- Requesting an interpreter on the morning of the hearing is not a valid excuse for non-attendance if you have not explained why you could not join.
- Employment tribunals expect parties to take active steps; a year of inaction is likely to result in dismissal.
What this case shows in practice
This case illustrates how important it is for claimants to actively pursue their case and attend hearings. The former employee had brought claims for unfair dismissal and pregnancy/maternity discrimination. However, after the unfair dismissal part was struck out due to insufficient service, she failed to comply with any directions from the tribunal. She did not provide a schedule of loss, exchange documents, or produce witness statements. Despite being notified of the final hearing, she did not join the video hearing and only emailed to request an interpreter on the morning.
What the losing side could have done differently
The claimant could have attended the hearing or explained her absence in advance. She could also have complied with the directions, even if she was representing herself. The tribunal noted that she had been able to contact them by email, so she had the means to participate. If she had attended and explained her difficulties, the tribunal might have proceeded in her absence or adjourned.
Why the result matters for similar claims
This case is a reminder that tribunals expect parties to take their obligations seriously. Even if a respondent also fails to comply, a claimant's non-attendance and lack of engagement can lead to dismissal. Claimants should seek advice or support if they are struggling to comply, rather than simply disengaging.
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