Former employee's claims dismissed as out of time after failing to attend hearing
A tribunal dismissed all claims from a former Teleperformance Ltd employee because they were presented too late and the claimant did not attend the final hearing or provide any explanation for the delay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 30 March 2022.
- The claim form was issued on 12 August 2022.
- The claimant did not attend the final hearing and provided no explanation for delay.
- The ACAS certificate was obtained on 11 July 2022, with early conciliation starting on 31 May 2022.
- The tribunal found all claims were presented outside the statutory time limits.
Timeline
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Dismissal
The claimant's employment ended on this date.
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ACAS early conciliation started
The claimant contacted ACAS, starting early conciliation.
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ACAS certificate issued
The ACAS early conciliation certificate was issued.
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Claim form issued
The claimant presented her claim to the tribunal.
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First preliminary hearing
Employment Judge Bax conducted a case management preliminary hearing.
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Second preliminary hearing
Employment Judge Bax conducted another case management hearing and listed the final hearing for 6 June 2023.
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Deadline for evidence
The claimant was required to provide medical evidence and a witness statement by this date, but did not.
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Final hearing
The claimant did not attend; the tribunal dismissed all claims as out of time.
The legal issue
The tribunal had to decide whether the claimant's complaints of unfair dismissal, age discrimination, part-time worker discrimination, and unlawful deductions were made within the legal time limits, and if not, whether time should be extended.
The outcome
The tribunal dismissed all claims as out of time.
- The claimant was dismissed on 30 March 2022 but did not present her claim until 12 August 2022, well beyond the three-month limit (even accounting for ACAS early conciliation).
- The claimant did not attend the final hearing and failed to provide any medical evidence or witness statement as ordered, leaving the tribunal with no explanation for the delay.
- As a result, the tribunal had no jurisdiction to hear any of the claims, including unfair dismissal, age discrimination, part-time worker discrimination, and unlawful deductions from wages.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits – usually three months from the date of dismissal or the last act of discrimination.
- If you cannot meet a deadline, you must provide a clear explanation and evidence to support an extension of time; silence or non-attendance will almost certainly result in dismissal.
- Attend all hearings and comply with tribunal orders (e.g., providing witness statements and evidence) to avoid your case being struck out.
- ACAS early conciliation pauses the time limit, but you must still present your claim promptly after the certificate is issued.
What this case shows
This case is a stark reminder that employment tribunals take time limits seriously. The former employee was dismissed by Teleperformance Ltd on 30 March 2022. She contacted ACAS on 31 May 2022, but did not issue her claim form until 12 August 2022 – after the extended deadline of 11 August 2022. Even with the ACAS pause, her claims were out of time.
Despite two preliminary hearings where the time issue was flagged, the claimant did not provide any explanation for the delay. She failed to submit medical evidence or a witness statement by the 28 April 2023 deadline, and did not attend the final hearing on 6 June 2023. The tribunal had no choice but to dismiss all her claims.
What could have been done differently
The claimant could have presented her claim earlier, or at least provided a credible reason for the delay – such as serious illness – supported by evidence. By not attending the hearing or complying with orders, she left the tribunal with no option but to strike out the case. Even if she had a strong claim on the merits, the procedural failures were fatal.
Why this matters
This case reinforces that time limits are not flexible targets. Claimants must act quickly and engage fully with the tribunal process. Non-attendance and non-compliance with orders will almost always lead to dismissal, regardless of the underlying merits. For anyone considering a tribunal claim, the key lesson is: act promptly, follow instructions, and attend every hearing.
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