Claim struck out after former employee failed to attend hearing
A former employee's claims for unfair dismissal and discrimination were struck out after he failed to attend a telephone hearing and did not comply with orders to explain his absence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Mr Coxswain did not have two years' service required for unfair dismissal claim.
- Mr Coxswain failed to attend a telephone case management hearing on 13 September 2022.
- Mr Coxswain was ordered to provide a written explanation by 31 October 2022 but did not do so.
- Mr Coxswain's claims for pay and discrimination were dismissed due to non-compliance.
- Mr Coxswain applied for reconsideration out of time, which was refused.
Timeline
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Warning letter sent
Bristol office warned Mr Coxswain that he lacked two years' service for unfair dismissal claim and gave him until 2 February 2022 to respond.
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Case management hearing
Mr Coxswain failed to attend a telephone case management hearing. He said he had not received notice and declined to join.
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Judgment issued
Employment Judge Matthews dismissed the unfair dismissal claim and ordered Mr Coxswain to explain his non-attendance by 31 October 2022 or have remaining claims dismissed.
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Judgment sent to parties
The judgment and reasons were sent to the parties.
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Deadline for explanation
Mr Coxswain failed to provide a written explanation by this date.
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Email from Mr Coxswain
Mr Coxswain sent an email stating he was unaware of the hearing and had health issues, intending to pursue the matter.
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Reconsideration refused
Employment Judge Matthews refused the application for reconsideration, finding no reasonable prospect of varying the original decision.
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Reconsideration judgment sent
The reconsideration judgment was sent to the parties.
The legal issue
The tribunal had to decide whether to strike out the former employee's claims due to his failure to attend a hearing and comply with procedural orders, and whether to reconsider that decision.
The outcome
The tribunal struck out the former employee's claims. The unfair dismissal claim was dismissed because he lacked the two years' service required by law. The remaining claims for pay and discrimination were dismissed after he failed to attend a telephone hearing and did not provide a written explanation by the deadline. An application for reconsideration was refused as it was made out of time and had no reasonable prospect of success.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Check your length of service before bringing an unfair dismissal claim – you generally need at least two years' continuous employment.
- Always attend tribunal hearings, even if you think you did not receive notice; contact the tribunal immediately if you cannot attend.
- Comply with tribunal orders promptly – failing to provide a written explanation as ordered can result in your entire claim being struck out.
- If you miss a deadline for reconsideration, the tribunal is unlikely to accept your application unless there are exceptional circumstances.
This case shows how strictly employment tribunals enforce procedural rules. The former employee brought claims for unfair dismissal, unpaid pay, and discrimination based on race and religion. However, his case unravelled when he failed to attend a telephone case management hearing and did not follow the tribunal's instructions.
What went wrong
The tribunal had already warned the former employee that his unfair dismissal claim was likely to fail because he did not have two years' service. He was given a chance to argue otherwise but did not respond. Then, on the day of a scheduled telephone hearing, he said he had not received notice and declined to join. The tribunal gave him a final chance: send a written explanation by 31 October 2022 or lose the rest of his claims. He did not do so. An email sent a week after the deadline was too late, and his request for reconsideration was refused.
What the respondent did right
Otium Services and Facilities Ltd attended the hearing and was represented by HR. The tribunal noted that the respondent had complied with all procedural requirements. The case was struck out without the respondent needing to defend the merits of the claims.
Why this matters
For anyone considering an employment tribunal claim, this case is a reminder that procedure matters as much as substance. Missing a hearing, ignoring a warning about service requirements, or failing to comply with orders can end your case before it even gets started. The tribunal has limited sympathy for claimants who do not engage with the process, even if they have genuine grievances about pay or discrimination.
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