Claim dismissed after employee failed to attend preliminary hearing
A former employee's unfair dismissal claim was dismissed after she failed to attend a preliminary hearing and did not contact the tribunal. The claim was also presented well out of time.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #time-limit
- #dismissal-under-rule-47
Key facts
- The claimant did not attend the preliminary hearing.
- The claimant did not communicate with the tribunal or respondent after presenting her claim.
- The claim was presented more than three months after the termination of employment.
- The tribunal attempted to contact the claimant by phone but received no answer.
- The respondent sought to strike out the claim as out of time.
Timeline
-
Notice of hearing sent
The tribunal sent a letter to the claimant informing her of the preliminary hearing on 22 August 2023.
-
Preliminary hearing
The claimant did not attend or dial into the telephone hearing. The tribunal clerk attempted to call her but received no answer.
-
Judgment issued
Employment Judge Horne dismissed the claim under Rule 47 for non-attendance.
The legal issue
The tribunal had to decide whether to dismiss the claim because the claimant failed to attend a preliminary hearing, and whether it had made sufficient efforts to find out why she was absent.
The outcome
The tribunal dismissed the claim. The claimant did not attend the preliminary hearing and had not contacted the tribunal or the respondent since presenting her claim. The tribunal clerk tried to call her but received no answer. The claim was also presented more than three months after her employment ended, suggesting she may have decided not to pursue it. No compensation was awarded.
Lessons & takeaways
- Always attend tribunal hearings or notify the tribunal in advance if you cannot attend, or your claim may be dismissed.
- Keep in touch with the tribunal and the respondent throughout the process, even if you are unsure about your claim.
- Be aware of the strict time limits for bringing an unfair dismissal claim – generally three months from the date of dismissal.
- If you have difficulty attending a hearing, contact the tribunal as soon as possible to explain and request an adjournment.
What this case shows
This case illustrates the importance of engaging with the tribunal process. The former employee brought an unfair dismissal claim against the Department for Work and Pensions but then did not attend a scheduled preliminary hearing. She also failed to communicate with the tribunal or the respondent after submitting her claim. The tribunal tried to contact her by phone on the day of the hearing but got no answer.
What the respondent did
The respondent, represented by counsel, asked the tribunal to strike out the claim because it was presented well after the three-month time limit. The tribunal noted that the claim form did not appear to complain about any breach occurring after the employment ended, so the time limit issue was a significant hurdle.
Why the result matters
The tribunal exercised its power under Rule 47 to dismiss the claim for non-attendance. It considered that the claimant's absence, combined with her silence, suggested she had decided not to pursue the claim. The decision shows that tribunals will not keep cases open indefinitely if a claimant does not participate. For anyone considering a tribunal claim, staying in contact and attending hearings is essential to avoid having the case dismissed.
Similar cases
Former employee's claim dismissed after he told tribunal his wife's care was a higher priority
A tribunal dismissed a former employee's unfair dismissal claim after he failed to attend the final hearing, telling staff that caring for his wife after a car crash was more important than the case.
Supermarket assistant dismissed after 2.5 years sick leave: claim thrown out for lateness and non-attendance
A supermarket assistant who was dismissed after nearly two and a half years of sickness absence had his unfair dismissal claim rejected because he presented it too late and failed to attend the preliminary hearing.
Unfair dismissal claim dismissed despite severe mental health: the 'reasonable period' trap
A bank employee's unfair dismissal claim was dismissed as out of time, even though the tribunal accepted her severe mental health made it not reasonably practicable to claim within the first three months.
Former employee ordered to pay £9,992 after failing to attend tribunal hearing
A former employee who failed to attend his own unfair dismissal hearing and ignored tribunal orders has been ordered to pay the Department for Work and Pensions nearly £10,000 in costs.