Former employee ordered to pay £9,992 after failing to attend tribunal hearing
A former employee who failed to attend his own unfair dismissal hearing and ignored tribunal orders has been ordered to pay the Department for Work and Pensions nearly £10,000 in costs.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #costs-award
- #strike-out-warning
Key facts
- The claimant failed to attend the final hearing scheduled for 10-14 July 2023.
- The tribunal ordered the claimant to explain his non-attendance by 7 August 2023.
- The claimant did not comply with the order to explain his non-attendance.
- The respondent applied for costs due to the claimant's unreasonable conduct.
- The tribunal ordered the claimant to pay £9,992.45 in costs.
Timeline
-
Final hearing scheduled
The final hearing was set to take place from 10-14 July 2023, but the claimant did not attend.
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Judgment and orders issued
Employment Judge Ali issued orders requiring the claimant to explain his non-attendance by 7 August 2023, with automatic strike-out if he failed.
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Costs hearing
Employment Judge Kenward heard the respondent's costs application and ordered the claimant to pay £9,992.45.
The legal issue
The tribunal had to decide whether to strike out the claimant's case for non-attendance and whether to award costs against him for the unreasonable conduct of failing to attend and ignoring tribunal orders.
The outcome
The tribunal struck out the claimant's unfair dismissal claim after he failed to attend the final hearing scheduled for July 2023 and did not comply with an order to explain his absence.
At a subsequent costs hearing in March 2025, the tribunal ordered the claimant to pay £9,992.45 to the Department for Work and Pensions to cover the costs incurred as a result of his unreasonable conduct.
Compensation breakdown:
- Total costs awarded: £9,992.45
Lessons & takeaways
- If you cannot attend a tribunal hearing, you must inform the tribunal and the other side as soon as possible and provide a good reason.
- Ignoring tribunal orders can lead to your claim being automatically struck out without further warning.
- Unreasonable conduct, such as failing to attend a hearing without explanation, can result in a costs order against you, even if you are a litigant in person.
- Costs in employment tribunals are not common but can be awarded when a party acts unreasonably, and the amount can be substantial.
What happens when you don't show up?
This case is a stark reminder that employment tribunals expect both parties to take their obligations seriously. The former employee had brought an unfair dismissal claim against the Department for Work and Pensions, but when the final hearing arrived in July 2023, he simply did not attend. The tribunal gave him a chance to explain, ordering him to write in by 7 August 2023. He failed to do so. As a result, his claim was automatically struck out.
The costs consequence
The Department for Work and Pensions then applied for costs, arguing that the claimant's failure to attend and his silence in response to the tribunal's orders amounted to unreasonable conduct. At a hearing in March 2025, the tribunal agreed and ordered the claimant to pay £9,992.45. This sum covered the legal costs the respondent had incurred preparing for a hearing that never happened.
What could have been done differently
The claimant could have avoided this outcome by simply attending the hearing or, if that was impossible, contacting the tribunal beforehand to explain. Even after missing the hearing, he had a clear opportunity to comply with the tribunal's order and explain his absence. By doing nothing, he lost his chance to pursue his claim and ended up with a significant financial penalty.
Why this matters
For anyone considering an employment tribunal claim, this case shows that the process is not something you can walk away from without consequences. Tribunals have powers to strike out claims and award costs against parties who act unreasonably. If you are unable to attend a hearing, always communicate with the tribunal and the other side. Ignoring the process can be far more costly than engaging with it.
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