Claim dismissed after former employee fails to attend hearing
An employment tribunal dismissed an unfair dismissal claim after the former employee failed to attend the final hearing and did not respond to any tribunal communications. The respondent believed the claim had been settled directly.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #rule-47
- #multiple-claimants
- #settlement-misunderstanding
Key facts
- The claimant did not attend the final hearing or provide any contact details.
- The respondent believed the claim had been settled directly with the claimant.
- The claimant failed to respond to multiple tribunal communications.
- The unfair dismissal element had already been struck out for non-compliance.
Timeline
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Strike out warning
Tribunal wrote to claimant with a strike out warning for unfair dismissal claim, deadline 21 December 2022.
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Direction to clarify surname
Tribunal directed claimant to clarify spelling of surname; no response.
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Further direction
Claimant given 7 days to clarify surname; no response.
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Preliminary hearing
Preliminary hearing held; claimant not notified. Respondent stated claim had settled.
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Notice of hearing
Claimant sent notice of final hearing at address on claim form.
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Reminder of orders
Tribunal reminded claimant to comply with case management orders; no response.
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Final hearing
Neither party attended at 10:00. Tribunal waited until 10:42, then dismissed claim under Rule 47.
The legal issue
The tribunal had to decide whether to dismiss the claim because the former employee did not attend the final hearing and had not engaged with the tribunal process at all.
The outcome
The tribunal dismissed the claim under Rule 47 of the Employment Tribunal Rules of Procedure.
Key reasons:
- The former employee did not attend the hearing or provide any contact details.
- He had failed to respond to multiple tribunal communications, including a strike out warning and directions to clarify his surname.
- The respondent believed the claim had been settled directly with the former employee.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you settle a claim directly with your employer, make sure you formally withdraw your tribunal claim to avoid confusion.
- Respond to all tribunal communications promptly, even if you think the case is resolved.
- Provide the tribunal with up-to-date contact details, including a phone number and email address.
- If you cannot attend a hearing, inform the tribunal as soon as possible to avoid dismissal.
This case shows what can happen when a claimant disengages from the tribunal process entirely. The former employee filed a claim as part of a group of multiple claimants but then stopped responding to tribunal letters. He did not clarify his surname when asked, did not comply with case management orders, and did not attend the final hearing.
The respondent, South Wales Campers Limited, believed the claim had been settled directly with the former employee, but no formal withdrawal was made. The tribunal tried to contact the claimant on the day of the hearing but had no phone number or email address for him. After waiting over 40 minutes, the tribunal decided to dismiss the claim.
What the respondent could have done differently
The respondent could have ensured that any settlement was documented and that the claimant formally withdrew his claim. However, the tribunal noted that the respondent had acted in good faith, believing the matter was resolved.
Why this matters
This case is a reminder that claimants must stay engaged with the tribunal process. Failing to respond to communications or attend hearings can lead to the claim being dismissed without any consideration of its merits. It also highlights the importance of providing the tribunal with accurate contact information.
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