Former employee's claim dismissed after failing to attend remote tribunal hearing
A former employee's unfair dismissal claim against Mitie Limited was dismissed after he failed to attend a remote hearing, despite having engaged with the tribunal beforehand.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant did not attend the hearing on 3 October 2022.
- The tribunal delayed the start and attempted to contact the claimant by phone and email.
- The claimant had engaged with the tribunal before the hearing.
- An unknown participant with a Pentonville Prison address joined the waiting room but left before the hearing started.
- The claimant provided no reasons for his non-attendance.
Timeline
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Hearing details sent
The tribunal sent the claimant hearing details and a CVP link by email. The claimant responded with a question about the link.
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Hearing day
The hearing was scheduled to start at 10:00 am. The claimant did not attend. The tribunal delayed the start and attempted to contact the claimant. By 11:10 am, no contact was made.
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Oral judgment given
Employment Judge Cox gave an oral judgment dismissing the claims for non-attendance.
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Written reasons issued
The tribunal issued written reasons for the judgment at the claimant's request.
The legal issue
Whether the tribunal should dismiss the claimant's claim for non-attendance at the hearing, considering his prior engagement and the lack of explanation for his absence.
The outcome
The tribunal decided to dismiss the claimant's unfair dismissal claim because he did not attend the remote hearing on 3 October 2022.
- The tribunal delayed the start and attempted to contact the claimant by phone and email, but received no response.
- An unknown participant with a Pentonville Prison address briefly joined the waiting room but left before the hearing started; it was unclear if this was the claimant.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you are bringing a claim, you must attend the hearing or provide a valid reason for absence in advance.
- Engaging with the tribunal before the hearing does not excuse non-attendance on the day.
- If you have technical issues with remote hearings, contact the tribunal immediately for assistance.
- The tribunal will make reasonable efforts to contact you if you are absent, but may dismiss the claim if you do not respond.
What this case shows in practice
This case highlights the importance of attending tribunal hearings, even when they are held remotely. The former employee had actively engaged with the tribunal in the days leading up to the hearing, even asking about the video link. However, on the day itself, he did not join the hearing or provide any explanation for his absence.
The tribunal delayed the start and made several attempts to contact him by phone and email, but received no response. An unknown participant with a Pentonville Prison address briefly appeared in the waiting room but left before the hearing began. The tribunal considered this might have been the claimant but could not be sure.
What the losing side could have done differently
The claimant could have avoided dismissal by attending the hearing or contacting the tribunal in advance if he was unable to attend. If he had technical difficulties, he could have sought help from the CVP helpdesk or informed the tribunal. Providing a reason for absence, even after the hearing started, might have led the tribunal to adjourn rather than dismiss.
Why the result matters for similar claims
This case serves as a reminder that tribunals expect parties to take their hearings seriously. Rule 47 allows tribunals to dismiss claims for non-attendance, and they will do so if no valid reason is given. Claimants should ensure they are prepared to attend, especially when hearings are conducted remotely, as technical issues are not an automatic excuse without communication.
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