Claim dismissed after former employee fails to attend final hearing
An employment tribunal dismissed an unfair dismissal claim after the former employee failed to attend the final hearing and made a last-minute adjournment request with no prior notice.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #strike-out
- #adjournment-refused
- #rule-47
Key facts
- The claimant did not attend the final hearing on 2 December 2022.
- The claimant's former representative emailed at 10:21 stating the claimant had a medical procedure and requested a postponement.
- The tribunal refused the adjournment application due to lack of prior notice and insufficient explanation.
- The tribunal dismissed the claim under rule 47 for non-attendance.
Timeline
-
Strike out warning
Tribunal gave claimant opportunity to show why claims against second respondent should not be struck out.
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Strike out of second respondent
Employment Judge Rayner struck out claims against Daniel Sulimierski.
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Case management hearing
Employment Judge Leith made orders, including that respondent could not rely on witness evidence without leave.
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Notice of hearing sent
Notice of video hearing for 2 December 2022 sent to parties.
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Final hearing
Neither party attended. Tribunal attempted contact, received late adjournment request, refused it, and dismissed the claim.
The legal issue
The tribunal had to decide whether to grant an adjournment and whether to dismiss the claim when the claimant did not attend the final hearing.
The outcome
The tribunal dismissed the former employee's unfair dismissal claim after she failed to attend the final hearing.
The key reasons were:
- The claimant did not attend the hearing and only requested an adjournment via email after the hearing had started, claiming a medical procedure.
- The tribunal found the explanation insufficient and lacking prior notice, so refused the adjournment.
- The claim was then dismissed under rule 47 for non-attendance.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you cannot attend a tribunal hearing, inform the tribunal as early as possible with full details and supporting evidence.
- Last-minute adjournment requests without prior notice are unlikely to be granted unless there are exceptional circumstances.
- Failure to attend a final hearing without good reason can result in your claim being dismissed entirely.
- Keep your representative informed and ensure they have up-to-date contact details to avoid communication breakdowns.
This case shows the importance of attending tribunal hearings and communicating any issues well in advance. The former employee had brought an unfair dismissal claim against FPM Foods Ltd, but on the day of the final hearing, she did not attend. Her former representative emailed the tribunal at 10:21 am, over an hour after the hearing was due to start, saying she had a medical procedure and needed a postponement of at least six months.
The tribunal gave her a chance to provide more details, sending an email asking for a full explanation of when she first knew about the need for an adjournment. The claimant did not respond by the deadline, and the tribunal reconvened at 11:40 am with no attendance from either party.
What the losing side could have done differently
The claimant could have informed the tribunal as soon as she knew she might not be able to attend, ideally before the hearing date. Providing medical evidence and a clear explanation of why she could not attend earlier would have strengthened her case for an adjournment. Instead, the late request with no prior notice led the tribunal to conclude that it was not in the interests of justice to postpone.
Why this result matters
This case is a reminder that tribunals expect parties to engage with the process and attend hearings. The rules allow a claim to be dismissed if a claimant fails to attend without good reason. While the tribunal has discretion to adjourn, it will not do so if the request is made at the last minute without proper explanation, especially when other tribunal users would be affected by a delay.
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