Former employee's claims dismissed after failing to attend final hearing
A former HMRC employee who did not attend his final hearing after three postponement requests were refused has had all his claims dismissed by the Newcastle Employment Tribunal.
1 min read · Last updated 18 May 2026
Key facts
- The claimant did not attend the final hearing on 22 May 2023.
- The claimant had previously applied for postponement on health grounds, but the application was refused.
- The claimant had not provided a witness statement or documentary evidence for his claims.
- The tribunal dismissed the claims under Rule 47 of the Employment Tribunal Rules of Procedure 2013.
- The claimant's claims included unfair dismissal, race discrimination, and unlawful deductions.
Timeline
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Case management hearing
Judge Arullendran fixed the final hearing dates for May 2023. The claimant became argumentative and suggested he might be unwell or want to go on holiday.
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First postponement request
The claimant wrote to request postponement, stating he was 'rather ill'. Judge Morris refused, requiring medical evidence.
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Second postponement request with fit note
The claimant emailed a fit note from Dr Potter stating 'Stress related to Health and Work Tribunal'. Judge Arullendran refused the request.
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Third postponement request
The claimant wrote again, claiming he was 'very ill' with blood and colon cancer. Judge Sweeney refused, finding no change in circumstances.
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Final hearing
The claimant did not attend. The tribunal dismissed the claims under Rule 47.
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Written reasons signed
Employment Judge Aspden signed the written reasons for the dismissal.
The legal issue
The tribunal had to decide whether to dismiss the claimant's case under Rule 47 of the Employment Tribunal Rules 2013 because he did not attend the final hearing, or to proceed in his absence.
The outcome
The tribunal dismissed all claims, including unfair dismissal, race discrimination, and unlawful deductions.
The key reason was that the claimant had been given clear directions to provide medical evidence explaining why he could not attend, but the fit note he supplied only stated 'stress related to Health and Work Tribunal' and did not address his ability to participate or reasonable adjustments.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you cannot attend a tribunal hearing, you must provide specific medical evidence explaining why you cannot participate, even with adjustments.
- Repeated postponement requests without new evidence are unlikely to succeed and may prejudice your case.
- Attending a case management hearing and then failing to attend the final hearing can be seen as a pattern of reluctance to proceed.
This case shows the importance of engaging with the tribunal process, especially when seeking postponements on health grounds. The claimant made three requests to postpone the final hearing, but each was refused because he did not provide the medical evidence required by the tribunal.
What could have been done differently
The tribunal had directed the claimant to provide a doctor's letter confirming that his health prevented him from attending even with reasonable adjustments. Instead, he submitted a fit note stating 'stress related to Health and Work Tribunal', which the judges found did not address the specific issue. If he had obtained a more detailed medical report, the outcome might have been different.
Why this matters
This case is a reminder that tribunals expect parties to follow procedural directions carefully. The claimant had also been argumentative at an earlier hearing and suggested he might not attend, which the tribunal noted as relevant. Under Rule 47, the tribunal has discretion to dismiss a claim if a party fails to attend without good reason. Here, the lack of proper medical evidence and the history of the case led to dismissal without any consideration of the merits.
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