Former employee's claim dismissed after hanging up on tribunal clerk

This case shows how quickly a claim can unravel if a claimant fails to engage with the tribunal process. The former employee had brought an unfair dismissal claim against her employer, but when it came to a case management hearing, she simply did not join. When the clerk telephoned her, she hung up. She ignored emails and a voicemail warning that the hearing would go ahead without her. She even called the tribunal to say she did not have the link, but when the link was resent, she still did not join.

What the tribunal did

The employment judge waited an extra 20 minutes before starting the hearing. The clerk made repeated attempts to contact the claimant, including sending a warning that a judgment could be made against her. Despite all this, the claimant did not appear or explain her absence. The judge decided that proceeding in her absence would not help because the claim was unclear and needed the claimant's input to clarify the issues. Instead, he dismissed the claim for non-attendance.

What could have been done differently

The claimant could have joined the hearing on time, or at least explained why she could not. If she had technical difficulties, she could have asked for help rather than hanging up. The tribunal gave her every chance, but she chose not to take it. The respondent's solicitor noted that the claimant had not been actively pursuing the claim, which made the dismissal more straightforward.

Why this matters

For anyone considering an employment tribunal claim, this case is a reminder that the process requires active participation. Ignoring hearings or communications from the tribunal can lead to your claim being struck out, regardless of its merits. If you have a hearing, make sure you have the correct link, test it in advance, and contact the tribunal immediately if you have problems. If you cannot attend, ask for a postponement. The tribunal will often be understanding, but only if you communicate with them.