Claim dismissed after former employee fails to attend hearing and provide medical evidence
An employment tribunal dismissed an unfair dismissal claim after the former employee failed to attend the hearing and did not provide sufficient medical evidence to explain her absence.
1 min read · Last updated 19 May 2026
Key facts
- The claimant failed to attend the hearing on 30 October 2023.
- The claimant had not complied with directions to provide a witness statement and schedule of loss.
- The claimant provided limited medical evidence but no proof she could not attend the video hearing.
- The tribunal contacted the claimant by phone; she said she had a GP appointment and ended the call.
- The respondent attended with two witnesses.
Timeline
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Hearing date set
The tribunal wrote to the parties informing them of the hearing date and issuing directions.
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Claimant's email
The claimant emailed the tribunal referring to a claim for loss of earnings and holiday pay, and mentioned upcoming back surgery.
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Hearing day
The claimant did not attend. The tribunal contacted her by phone; she said she had a GP appointment and ended the call. The claim was dismissed.
The legal issue
The tribunal had to decide whether to dismiss the claim under rule 47 of the Employment Tribunal Rules because the claimant did not attend the hearing and had not complied with earlier directions to provide a witness statement and schedule of loss.
The outcome
The tribunal dismissed the claim in its entirety.
The key reason was that the claimant failed to attend the hearing without providing sufficient medical evidence to show she was unable to attend via video. She had also not complied with directions to provide a witness statement and schedule of loss.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you cannot attend a tribunal hearing, provide clear medical evidence explaining why you cannot participate, even by video.
- Complying with tribunal directions, such as providing a witness statement and schedule of loss, is essential to avoid having your claim dismissed.
- A brief email mentioning a medical appointment is not enough to postpone a hearing; you need formal evidence from a doctor.
- If you are representing yourself, make sure you understand the tribunal's rules and deadlines to avoid losing your case by default.
What this case shows in practice
This case illustrates how failing to engage with the tribunal process can lead to a claim being dismissed without any consideration of its merits. The former employee had brought an unfair dismissal claim against CL Davies Leisure Limited, but on the day of the hearing she did not attend. She had previously emailed the tribunal about an upcoming back surgery, but the only medical evidence she provided was a letter about an outpatient appointment for a different date and a partial letter from July 2023. When the tribunal called her on the morning of the hearing, she said she had a GP appointment and ended the call abruptly.
What the losing side could have done differently
The claimant could have avoided dismissal by providing a doctor's note or other formal evidence that she was unable to attend the video hearing. She could also have asked for an adjournment in advance, explaining her situation with supporting documents. Complying with the tribunal's directions to submit a witness statement and schedule of loss would have shown she was taking the case seriously.
Why this result matters for similar claims
Tribunals expect parties to attend hearings and follow procedural rules. If you cannot attend, you must provide clear, contemporaneous medical evidence and request an adjournment. A vague email or a phone call on the day is unlikely to be enough. This case is a reminder that even a potentially strong claim can be lost through non-attendance and non-compliance.
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