Claim dismissed after claimant failed to attend hearing: costs awarded for unreasonable conduct
An unfair dismissal claim was dismissed after the claimant failed to attend the final hearing and a preliminary hearing. The tribunal also ordered the claimant to pay £3,460.80 in costs for unreasonable conduct.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as a Senior Healthcare Technical Officer from 13 July 2015 to 1 July 2020.
- The claimant presented a claim for unfair dismissal on 30 September 2020.
- The claimant failed to attend a preliminary hearing on 12 December 2022 and the final hearing on 9 January 2023.
- The claimant did not comply with case management orders, including a direction to serve a list of documents.
- The tribunal dismissed the claim under Rule 47 due to the claimant's non-attendance.
- The respondent was awarded costs of £3,460.80 for the claimant's unreasonable conduct.
Timeline
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Employment started
The claimant began employment with the respondent as a Senior Healthcare Technical Officer.
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Employment ended
The claimant's employment ended.
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Claim presented
The claimant presented a claim for unfair dismissal to the tribunal.
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Anonymisation order
Employment Judge Pritchard made an anonymisation order.
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ET3 filed
The respondent filed its response contesting the claim.
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Preliminary hearing
A preliminary hearing took place by telephone before Employment Judge Harrington; case management orders were made and the claim was listed for an 8-day hearing from 9 January 2023.
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Further particulars and amendment application
The claimant filed further and better particulars and applied to amend his claim.
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Amendment granted in part
Employment Judge Nash granted the claimant's application to amend his claim, except for wrongful dismissal.
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Wrongful dismissal amendment refused
Employment Judge Balogun refused the claimant's application to amend to include wrongful dismissal.
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Without prejudice letter
The respondent wrote to the claimant inviting withdrawal of the claim and warning of a costs application.
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Preliminary hearing - claimant failed to attend
A preliminary hearing before Employment Judge Martin; the claimant did not attend. The hearing length was reduced to 5 days and a direction to serve a list of documents was made.
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Final hearing - claimant failed to attend
The claimant failed to attend the final hearing; the tribunal dismissed the claim under Rule 47.
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Claimant's representations on costs
The claimant sent an email explaining his non-attendance due to temporary homelessness and loss of phone.
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Costs judgment
Employment Judge Kumar ordered the claimant to pay £3,460.80 in costs.
The legal issue
The tribunal had to decide whether to dismiss the claim due to the claimant's non-attendance and whether to order costs against him for unreasonable conduct in the proceedings.
The outcome
The tribunal dismissed the unfair dismissal claim because the claimant did not attend the final hearing or a previous preliminary hearing, and had not complied with case management orders. The respondent was awarded costs of £3,460.80 for the claimant's unreasonable conduct.
- Claim dismissed under Rule 47 for non-attendance.
- Costs order of £3,460.80 for unreasonable conduct, including failure to comply with orders and not prosecuting the claim.
Lessons & takeaways
- If you bring a tribunal claim, you must attend all hearings and comply with case management orders, or your claim may be dismissed.
- Failing to attend a hearing without prior notice or explanation can lead to a costs order against you, even if you are a litigant in person.
- Tribunals will consider your reasons for non-attendance, but lack of contact or explanation makes dismissal more likely.
- Costs can be awarded for unreasonable conduct, such as ignoring directions or not actively pursuing your claim.
This case shows what can happen when a claimant fails to engage with the tribunal process. The claimant, a former Senior Healthcare Technical Officer with five years' service, brought an unfair dismissal claim but did not attend the final hearing or a preliminary hearing. He also failed to comply with a direction to serve a list of documents. The tribunal dismissed the claim under Rule 47, which allows dismissal if a party fails to attend without good reason.
What the losing side could have done differently
The claimant could have avoided dismissal by attending the hearings or providing an explanation in advance. Even after missing the preliminary hearing, he could have contacted the tribunal to explain his situation. Instead, he did not respond to attempts to reach him by phone or email. The tribunal noted that the claimant had previously communicated via email, so the lack of contact suggested he was not actively pursuing his claim.
Why the result matters
The case highlights that tribunals take non-attendance seriously, especially when combined with non-compliance with orders. The costs order of £3,460.80, though reduced from the respondent's total costs of £17,589.60, shows that unreasonable conduct can have financial consequences. For claimants, this is a reminder that pursuing a claim requires active participation throughout the process.
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