Claim dismissed after employee fails to attend case management hearing
A former employee's unfair dismissal claim was thrown out after she failed to attend a preliminary hearing, despite being warned that the hearing would proceed in her absence.
1 min read · Last updated 19 May 2026
Case details
- #non-attendance
- #case-management-hearing
- #dismissal-rule-47
Key facts
- The claimant failed to attend the preliminary hearing on 25 October 2023.
- The claimant's request for postponement was refused by Regional Employment Judge Freer.
- The tribunal clerk made multiple attempts to contact the claimant by phone and email.
- The claimant did not respond to any communications from the tribunal on the hearing day.
- The respondents' representative invited the tribunal to dismiss the claim for non-attendance.
Timeline
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Hearing listed
The tribunal listed the claim for a case management preliminary hearing on 25 October 2023 and sent notice to both parties.
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Claimant's inquiry
The claimant emailed the tribunal asking about documentation and whether she would need to present her case.
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Tribunal response
The tribunal replied confirming the hearing was by video and re-sent the notice and case management agenda.
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Postponement request
The claimant emailed requesting postponement due to illness and lack of preparation.
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Postponement refused
Regional Employment Judge Freer refused the postponement, citing no medical evidence and overriding objective.
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Joining instructions sent
The tribunal emailed joining instructions to the parties at 17:11.
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Hearing day
The claimant did not join the hearing. The clerk attempted to call and email the claimant without success.
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Claim dismissed
Employment Judge Klimov dismissed the claim for non-attendance under Rule 47.
The legal issue
The tribunal had to decide whether to dismiss the claim because the claimant did not attend a case management preliminary hearing, despite being notified and having a postponement request refused.
The outcome
The tribunal dismissed the claim for non-attendance. The claimant had been told the hearing would go ahead and did not respond to the clerk's attempts to contact her on the day. No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you cannot attend a hearing, provide medical evidence and apply for postponement as early as possible.
- Respond promptly to tribunal communications, especially on the hearing day, to avoid dismissal.
- Ignoring tribunal directions, such as filling in an agenda, can count against you when the tribunal decides whether to dismiss for non-attendance.
- A refusal of postponement is final unless you can show a compelling reason to revisit it.
What this case shows
This case illustrates the importance of engaging with tribunal proceedings, even when you are unwell or unprepared. The former employee had asked for a postponement the day before the hearing, citing illness and lack of preparation, but did not provide medical evidence. The request was refused, and the tribunal made clear the hearing would proceed. On the day, the claimant did not join the video hearing and did not answer calls or emails from the clerk. After waiting 25 minutes, the tribunal dismissed the claim.
What could have been done differently
The claimant could have avoided dismissal by attending the hearing and explaining her situation, or by providing medical evidence to support a postponement. Even a short email on the day explaining technical difficulties might have led to a different outcome. Instead, silence was interpreted as a decision not to participate.
Why this matters
Employment tribunals expect parties to take hearings seriously. A failure to attend, especially after a postponement request has been refused, is likely to result in the claim being struck out. For claimants, this means that engaging with the process—even when it feels difficult—is crucial to keeping your case alive.
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