Contracts manager's claims dismissed after failing to attend tribunal hearing
A contracts manager who resigned after a grievance outcome had his unfair dismissal and disability discrimination claims thrown out because he did not attend the preliminary hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 28 September 2020 as a contracts manager.
- He resigned with immediate effect on 19 February 2022 after a grievance outcome.
- He presented two claim forms on 2 and 12 April 2022 alleging unfair dismissal, wrongful dismissal, and disability discrimination.
- The claimant did not attend the preliminary hearing on 2 August 2022.
- The tribunal dismissed the claims due to the claimant's non-attendance.
Timeline
-
Employment start
Claimant began employment as a contracts manager.
-
Absence from work
Claimant became unwell and was absent from work; he presented a grievance about the second respondent.
-
Grievance hearing
A hearing took place regarding the grievance.
-
Resignation
Claimant resigned with immediate effect after receiving the grievance outcome.
-
First claim form
Claimant presented the first claim form to the tribunal.
-
Second claim form
Claimant presented the second claim form.
-
Respondent's strike out application
Respondent presented a strike out/deposit application.
-
Preliminary hearing
Claimant failed to attend; tribunal dismissed claims for non-attendance.
The legal issue
The tribunal had to decide whether to dismiss the claims because the claimant did not attend the hearing, and also considered the likely merits of the claims had he attended.
The outcome
The tribunal dismissed all claims against Building Product Solutions Limited and the individual respondents because the claimant failed to attend the preliminary hearing without explanation.
The judge noted that even if the claimant had attended, the unfair dismissal claim would have been struck out due to insufficient service (less than two years), and the disability discrimination claim had little reasonable prospect of success because the claimant had not provided evidence of a disability or that the employer knew about it.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you bring a tribunal claim, you must attend all hearings unless you have a very good reason and have told the tribunal in advance.
- Employees with less than two years' service generally cannot claim unfair dismissal unless the reason is automatically unfair (e.g., discrimination or whistleblowing).
- Disability discrimination claims require evidence that you are disabled under the Equality Act and that the employer knew or ought to have known.
- Resigning because you were asked to attend an occupational health assessment is unlikely to be a valid 'last straw' for constructive dismissal.
This case shows how quickly a tribunal claim can unravel if the claimant does not engage with the process. The contracts manager resigned in February 2022 after a grievance outcome, then filed two claim forms alleging unfair dismissal, wrongful dismissal, and disability discrimination. But when the preliminary hearing came around, he did not attend.
What the tribunal considered
The judge tried to contact the claimant by phone but got voicemail. Without any explanation for the absence, the tribunal decided to dismiss all claims under Rule 47, which allows a claim to be struck out if a party fails to attend a hearing. The judge noted that continuing in the claimant's absence would be unfair, and that the allegations of discrimination were serious enough to warrant a decision.
Even if the claimant had attended, the prospects were bleak. His unfair dismissal claim had no chance because he had less than two years' service. The wrongful dismissal claim was against the wrong respondents (individuals rather than the company). And the disability discrimination claim lacked clarity and evidence – the claimant had not shown he was disabled or that the employer knew.
What the employer did right
Building Product Solutions Limited responded promptly with a strike-out application and attended the hearing with a solicitor. By highlighting the claimant's short service and the lack of evidence for discrimination, they put themselves in a strong position.
The takeaway for claimants
This case is a reminder that tribunal claims require active participation. Missing a hearing without good reason can end your case. It also underscores the importance of understanding the legal thresholds – especially the two-year service rule for unfair dismissal and the need for clear evidence in discrimination claims.
Similar cases
Claims struck out after former employee fails to attend hearing or comply with orders
A former employee's unfair dismissal and disability discrimination claims have been struck out after he failed to attend a preliminary hearing and did not comply with tribunal orders to provide evidence.
Constructive dismissal claims survive strike-out attempt: lessons for employers on trust and confidence
An experienced HR professional's claims of constructive unfair dismissal and disability discrimination will proceed to a full hearing after the tribunal refused to strike them out, though deposit orders were made.
Claims struck out after claimant failed to comply with tribunal orders
A former employee's unfair dismissal and disability discrimination claims were struck out after they failed to attend hearings, comply with case management orders, or contact the tribunal for over six months.
Procurement director's constructive dismissal claim over whistleblowing and disability fails
A procurement director who resigned after raising concerns about commission on expired contracts has lost her tribunal claims for constructive unfair dismissal, whistleblowing detriment and disability discrimination.