Claim dismissed after failing to attend hearing despite warnings
A former employee's unfair dismissal claim was thrown out after she failed to join a preliminary hearing, despite multiple warnings from the tribunal clerk.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #postponement-refused
- #rule-47
- #costs-application-pending
Key facts
- The claimant failed to attend the preliminary hearing on 10 October 2022.
- The claimant applied for a postponement nine minutes before the hearing without giving reasons.
- The tribunal clerk contacted the claimant multiple times and warned her of the consequences of non-attendance.
- The claimant stated she could attend but did not join the hearing.
- The respondent opposed the postponement and noted the claimant's lack of engagement.
Timeline
-
Hearing listed
The tribunal listed the case for an open preliminary hearing on 10 October 2022.
-
Joining instructions sent
Joining instructions for the video hearing were sent to the parties.
-
Claimant emails respondent
The claimant emailed the respondent's solicitors requesting a postponement, stating she was advised by her solicitor.
-
Claimant applies to tribunal
At 13:51, the claimant emailed the tribunal to request a postponement for 'multiple reasons' without specifying them.
-
Hearing start time
The hearing was scheduled to start at 14:00. The claimant did not join.
-
Clerk contacts claimant
The clerk called the claimant, who said she was not joining because she had asked for a postponement.
-
Further warnings given
The clerk called and emailed the claimant, warning that the hearing would proceed in her absence and her claim could be dismissed.
-
Claimant responds
At 14:30, the claimant emailed that she could attend but had no representative and repeated her request for postponement without reasons.
-
Hearing proceeds
The tribunal waited an additional 5 minutes, but the claimant did not join. The judge dismissed the claim under Rule 47.
The legal issue
Whether the tribunal should dismiss the claim for non-attendance when the claimant applied for a postponement just minutes before the hearing and then failed to join despite being warned of the consequences.
The outcome
The tribunal dismissed the former employee's claim for non-attendance at a preliminary hearing. The claimant had emailed a postponement request nine minutes before the start time without giving reasons. The clerk contacted her repeatedly, warning that the hearing would proceed in her absence and her claim could be dismissed. She said she could attend but did not join. The tribunal found she had ample opportunity to apply earlier and had not heeded the warnings.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Apply for postponements as early as possible and always provide clear reasons.
- If you tell the tribunal you can attend a hearing, you must actually join it or risk having your claim dismissed.
- Ignoring warnings from the tribunal about the consequences of non-attendance can lead to immediate dismissal of your case.
- Seek legal advice well before the hearing date, not at the last minute.
This case shows how failing to engage with tribunal proceedings can have swift and final consequences. The former employee had brought an unfair dismissal claim against Verisure Services (UK) Limited. A preliminary hearing was listed for October 2022 to consider whether the claim was out of time. Despite having months to prepare, she applied for a postponement only nine minutes before the hearing was due to start, without giving any specific reasons.
What the tribunal did
The tribunal clerk made repeated efforts to contact the claimant by phone and email, warning her that if she did not join, the hearing would proceed in her absence and her claim could be dismissed. She initially said she would not attend because she had asked for a postponement. Later she said she could attend but did not have a representative, yet she still failed to join. The judge waited an extra five minutes before proceeding.
Why it matters
The tribunal decided it was not possible to deal with the case in her absence because the claims needed clarification. It also refused the postponement because the application was extremely late and unexplained. The judge noted that the claimant had consulted a solicitor before requesting the postponement, yet still gave no reasons. The claim was dismissed under Rule 47 of the Employment Tribunals Rules of Procedure 2013.
This case is a reminder that tribunals expect parties to take hearings seriously. A last-minute postponement request without good reason, followed by a failure to attend despite clear warnings, will almost always result in the claim being struck out. The respondent also indicated it would seek costs, though that application was pending at the time of the judgment.
Similar cases
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.
Former employee's claims dismissed after failing to attend final hearing
A former employee who did not attend his final hearing due to work commitments had his unfair dismissal and discrimination claims dismissed by the tribunal. The respondent's application for costs was later refused.
Claim dismissed after former employee fails to attend third final hearing
An employment tribunal dismissed a former employee's unfair dismissal claim after he failed to attend the final hearing for the third time and had not engaged with the claim for over a year.
Claim dismissed after employee failed to attend hearing and filed late
A former employee's unfair dismissal claim was thrown out after he failed to attend the final hearing and had already asked to cancel it. The tribunal also found the claim was presented out of time.