Claim dismissed after failure to attend hearing and lack of ACAS certificate
A former employee's claims for unfair dismissal and unauthorised deduction from wages were struck out or dismissed after he failed to attend the final hearing and had less than two years' service.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant failed to attend the final hearing for the unauthorised deduction from wages claim.
- The claimant did not have an ACAS Early Conciliation certificate when the claim was started.
- The claimant stated he worked at an address in South Africa.
- The claimant did not provide a telephone number and did not respond to emails during the hearing.
Timeline
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ACAS Early Conciliation period starts
The ACAS Early Conciliation certificate covered the period from 9 February to 22 March 2022.
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Claim form presented
The claimant presented the claim form to the Tribunal without an ACAS Early Conciliation certificate.
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ACAS Early Conciliation certificate provided
The claimant provided the ACAS Early Conciliation certificate via email after the claim was started.
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Final hearing
The hearing was conducted by CVP remote video technology. The claimant failed to attend or be represented.
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Judgment issued
Employment Judge Phil Allen struck out the unfair dismissal claim and dismissed the unauthorised deduction from wages claim.
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Judgment sent to parties
The judgment was sent to the parties on 10 February 2023.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim should be struck out because he had less than two years' service, and whether the unauthorised deduction from wages claim should be dismissed because he failed to attend the final hearing.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service, meaning he did not have the legal right to bring such a claim. The unauthorised deduction from wages claim was dismissed after the claimant failed to attend the final hearing, despite having joined the video platform earlier and then disconnecting. The tribunal also noted that even if he had attended, there were other jurisdictional issues, including the lack of an ACAS Early Conciliation certificate when the claim was presented and the fact that the claimant worked in South Africa, which raised questions about whether UK employment law applied.
Lessons & takeaways
- You generally need at least two years' continuous service to bring an unfair dismissal claim in the UK.
- You must obtain an ACAS Early Conciliation certificate before presenting a claim to the tribunal, or the claim may be invalid.
- Failure to attend a final hearing without good reason will likely result in your claim being dismissed.
- If you are working abroad, check whether UK employment law applies to your situation before bringing a claim.
- Ensure the tribunal has your correct contact details, including a telephone number, so they can reach you if there are technical issues.
A case undone by procedural missteps
This case shows how quickly a claim can unravel when basic procedural requirements are missed. The former employee brought two claims: unfair dismissal and unauthorised deduction from wages. However, he had been employed for less than two years, which meant he was not eligible to bring an unfair dismissal claim in the first place. The tribunal struck that part out.
The wages claim: a no-show at the hearing
The second claim, for one month's unpaid wages, was listed for a final hearing by video. The claimant joined the video platform before the hearing but then disconnected. He did not respond to emails sent during the 45-minute wait, and he had not provided a telephone number. After the hearing concluded, he emailed to say he had been unable to attend. The tribunal dismissed the claim under rule 47 for failure to attend.
What the respondent could have done differently
The respondent, James Mclaughlin, did not submit a response to the claim. However, the tribunal's decision did not rely on any defence from the respondent. The claimant's own failures were fatal. To avoid a similar outcome, claimants should ensure they have the correct length of service, obtain an ACAS certificate before starting a claim, and attend all hearings – or seek an adjournment if they cannot.
Why this matters for similar claims
This decision is a reminder that tribunals expect claimants to follow the rules. Even if a claim has merit, procedural errors – like missing the ACAS step or failing to attend – can end it. The case also highlights the additional hurdles for claimants working abroad, where UK employment law may not apply.
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