Claim dismissed after missing three preliminary hearings despite warnings
A former employee's unfair dismissal claim was thrown out after he failed to attend three preliminary hearings, despite repeated warnings that his case could be struck out.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #preliminary-hearing
- #dismissal
- #mental-health
- #carer-responsibilities
Key facts
- The claimant failed to attend three preliminary hearings.
- The claimant had been warned that non-attendance could lead to dismissal of his claim.
- The claimant cited his own mental health and his wife's ill health as reasons for non-attendance.
- The tribunal found no postponement request from the claimant.
- The claim had been ongoing since 2020.
Timeline
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Claim presented
The claimant presented his claim to the tribunal.
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Strike out warning
The tribunal wrote to the claimant warning that his claim might be struck out for not being actively pursued.
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Claimant apologises
The claimant replied, apologising and stating he had 'totally forgotten'.
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Claimant emails tribunal
The claimant emailed, citing HMRC deductions, his depression, and his partner's ill health.
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Final warning letter
Employment Judge Holmes decided not to strike out the claim but listed a final preliminary hearing.
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Preliminary hearing
The claimant did not attend. The tribunal dismissed the claim for non-attendance.
The legal issue
Whether the employment tribunal should dismiss a claim under Rule 47 of the Employment Tribunal Rules when the claimant fails to attend a preliminary hearing, considering the reasons for non-attendance and the overriding objective to deal with cases fairly and justly.
The outcome
The tribunal dismissed the former employee's unfair dismissal claim against ACE Scaffolding (M/CR) Ltd.
The key reason was the claimant's failure to attend three preliminary hearings, despite clear warnings that non-attendance could lead to dismissal. The tribunal found that the claimant knew the consequences, had not requested a postponement, and the case had been ongoing since 2020, causing delay.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Attend all tribunal hearings unless you have a genuine and unavoidable reason, and request a postponement in advance if needed.
- Keep the tribunal informed of any difficulties you face, but do not assume that personal circumstances alone will excuse non-attendance after repeated warnings.
- If you are representing yourself, seek advice from sources like ACAS or a Citizens Advice Bureau to understand the process and your obligations.
- The tribunal will consider your reasons for absence but may dismiss your claim if you fail to engage despite multiple opportunities.
This case shows how failing to engage with the employment tribunal process can lead to a claim being dismissed, even if the claimant has personal difficulties.
The former employee had brought an unfair dismissal claim against ACE Scaffolding (M/CR) Ltd in 2020. Over the following years, he missed three preliminary hearings. After the second missed hearing, the tribunal gave him a clear warning that his claim could be dismissed if he failed to attend again. He was also told that he must be prepared and participate.
Despite these warnings, the claimant did not attend the third hearing. When the tribunal clerk called him, he said he was in Ireland, had a poor phone signal, and had not prepared. He mentioned his own depression and his wife's ill health, but the tribunal noted that these issues had already been taken into account in previous decisions not to dismiss the claim.
What the tribunal considered
The tribunal followed Rule 47, which allows dismissal if a party fails to attend. It also considered the overriding objective to deal with cases fairly and justly, including avoiding delay. The judge noted that the claimant had not requested a postponement, and the case had been running since 2020. The tribunal decided that enough was enough.
What the losing side could have done differently
The claimant could have attended the hearing by phone, or requested a postponement in advance with proper evidence. He had been given clear warnings and sources of advice. By not engaging, he lost the chance to have his unfair dismissal claim heard on its merits.
Why this matters
This case is a reminder that tribunals expect parties to take their obligations seriously. Personal difficulties will be considered, but they do not give a free pass to ignore proceedings indefinitely. Claimants should seek advice early and communicate with the tribunal if they face genuine obstacles.
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