Claim dismissed after claimant failed to attend hearing despite health issues
A former employee's unfair dismissal claim was dismissed after she did not attend the final hearing. The tribunal refused a last-minute postponement because the medical evidence did not show she was unfit to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #postponement-denied
- #medical-evidence-insufficient
- #delay-prejudice
- #strike-out
Key facts
- The claimant did not attend the final hearing on 1 February 2023.
- The claimant applied for a postponement on 3 January 2023 citing health issues, but provided only fit notes for work, not a statement of unfitness to attend the hearing.
- The tribunal had previously postponed the hearing once and warned that the case was old and must be completed.
- The respondent's key witness had left employment and was no longer willing to give evidence, causing prejudice.
- The claimant failed to comply with an order to exchange new witness statements.
- The tribunal attempted to contact the claimant on the hearing day but received no response.
Timeline
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Events giving rise to claim
The claim relates to events up to June 2019.
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First hearing
The unfair dismissal claim was dismissed upon withdrawal. Other claims remained.
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Fit note issued
Claimant unfit for work from 28 October to 8 November 2022.
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Claimant contacts tribunal
Claimant explained health issues and asked for guidance.
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Second fit note
Claimant may be fit for phased return for 28 days from 15 November 2022.
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Employment Judge Reed's response
Informed claimant about postponement requirements and provided guidance link.
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Postponement application
Claimant applied for postponement with medical evidence (fit notes and occupational health report).
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Counselling started
Claimant began counselling sessions.
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Claimant's email
Claimant sent email referring to ongoing health issues and stating she was not medically fit to attend.
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Final hearing
Claimant did not attend; tribunal dismissed the claim due to non-attendance and struck out the claim.
The legal issue
The tribunal had to decide whether to postpone the final hearing due to the claimant's health issues or dismiss the claim for non-attendance and failure to comply with orders.
The outcome
The tribunal dismissed the claim in its entirety.
The key reasons were:
- The claimant did not attend the final hearing on 1 February 2023.
- The medical evidence provided (fit notes and an occupational health report) related to fitness for work, not fitness to attend the hearing.
- The claimant had been warned about the need for specific medical evidence but did not provide it.
- The case was already old (events from 2019) and had been postponed once before.
- The respondent would be prejudiced because a key witness had left employment.
- The claimant also failed to comply with an order to exchange new witness statements.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you need a postponement for medical reasons, you must provide a statement from a medical practitioner that you are unfit to attend the hearing, not just unfit for work.
- Respond promptly to tribunal communications and comply with all orders, such as exchanging witness statements, to avoid your claim being struck out.
- Tribunals are reluctant to delay old cases, especially if the other side would be prejudiced by the delay.
- If you cannot attend a hearing, you should respond to the tribunal's attempts to contact you on the day to discuss your situation.
- Seek legal advice early if you have health issues that may affect your ability to participate in tribunal proceedings.
What this case shows in practice
This case illustrates the importance of providing the right kind of medical evidence when asking for a postponement. The claimant had been struggling with anxiety and depression, but the fit notes she provided only said she was unfit for work, not that she was unfit to attend a video hearing. The tribunal had previously explained what was needed, but the claimant did not get a doctor's statement about her ability to attend the hearing.
What the losing side could have done differently
The claimant could have asked her GP to write a letter specifically stating she was unable to attend the hearing due to her medical condition, with a prognosis and an estimated date when she might be fit to attend. She also could have responded to the tribunal's email on the hearing day, which asked if she could attend to discuss the postponement. By not replying, she lost the chance to explain her situation.
Why the result matters for similar claims
This case is a reminder that tribunals expect parties to engage with the process, even when unwell. The case was already old (events from 2019) and had been postponed once. The respondent's key witness had left, causing prejudice. The tribunal balanced the claimant's health against the need for finality and fairness to the respondent, and decided the claim could not proceed. Anyone bringing a claim should be aware that delays can harm their case, and they must follow the tribunal's guidance on medical evidence.
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