Claim dismissed after employee fails to attend hearing

A case undone by non-attendance

This case shows how quickly an employment tribunal claim can unravel if the claimant fails to engage with the process. The former employee brought an unfair dismissal claim against Sapphire Accounting and Randstad Construction Agency, but a series of procedural missteps led to its dismissal.

The tribunal initially struck out the unfair dismissal complaint because the claimant had less than two years' service — a legal requirement under section 108 of the Employment Rights Act 1996. However, the claimant had other complaints that were not affected, and a preliminary hearing was listed to decide whether the claim had been presented in time.

What went wrong

The claimant agreed to attend the preliminary hearing but did not show up. He had not served a witness statement or contacted the tribunal to explain his absence. The tribunal could not reach him by phone as no number was provided. The respondent also had no contact from him since the previous hearing.

Employment Judge Bansal decided not to adjourn, noting that the respondent was entitled to finality and there was no guarantee the claimant would attend a future hearing. Because the burden was on the claimant to show it was not reasonably practicable to present the claim in time, the tribunal could not proceed without his evidence. The claim was dismissed under Rule 47.

What this means for similar claims

This case is a reminder that tribunal claims require active participation. Claimants must attend hearings, follow directions, and keep the tribunal informed of their contact details. Failure to do so can result in the claim being struck out, regardless of its merits. For employees with less than two years' service, it is especially important to check whether an unfair dismissal claim is possible, as the law generally requires two years of continuous employment.