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.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed from August 2020 until October 2022.
- The claimant was summarily dismissed on or around 28 October 2022.
- The claimant emailed the tribunal on 31 May 2023 seeking to cancel his claim.
- The claimant did not attend the full merits hearing on 17 August 2023.
- The respondent's solicitor attempted to deliver documents to the claimant's home twice.
- The claim was presented to the tribunal on 28 February 2023, which was out of time.
Timeline
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Employment started
The claimant began working for the respondent.
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Summary dismissal
The claimant was summarily dismissed by the respondent, with the effective date of termination most likely 28 October 2022.
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ACAS conciliation started
The claimant began early conciliation with ACAS.
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ACAS conciliation ended
The ACAS early conciliation period ended.
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ET1 presented
The claimant presented his claim to the employment tribunal.
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Notice of hearing sent
The tribunal sent a notice of CVP hearing for 17 August 2023.
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Claimant emailed tribunal
The claimant emailed the tribunal requesting to cancel his claim, citing potential liability for the respondent's solicitor fees.
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Tribunal responded
Judge Burgher sent a letter asking the claimant to confirm whether he wished to withdraw, advising him to seek independent legal advice.
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Tribunal chased response
The tribunal again wrote to the claimant asking if he was pursuing his claim.
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Final reminder
Judge Russell wrote to the claimant asking for confirmation, with no response.
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Hearing and dismissal
The claimant did not attend the full merits hearing. The tribunal dismissed the claim under Rule 47 due to non-attendance.
The legal issue
The tribunal had to decide whether to dismiss the claim because the claimant did not attend the hearing, and whether the claim was presented too late (outside the three-month time limit).
The outcome
The tribunal dismissed the claim in full.
- The claimant did not attend the final hearing despite multiple reminders from the tribunal and attempts by the respondent's solicitor to deliver documents to his home.
- The claimant had emailed the tribunal two months earlier asking to cancel his claim, fearing liability for the respondent's legal costs, but never formally withdrew.
- The tribunal found the non-attendance was deliberate, not accidental, and dismissed the claim under Rule 47.
- The tribunal also noted that the claim was presented on 28 February 2023, which was out of time (the dismissal was on 28 October 2022, and ACAS conciliation ended on 8 February 2023, so the deadline was 8 February 2023).
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you want to withdraw a claim, you must do so formally in writing; an email expressing uncertainty is not enough.
- Always attend your tribunal hearing unless you have formally withdrawn or been excused; failing to attend can lead to automatic dismissal.
- Check the strict time limits: you usually have three months less one day from the dismissal date to start ACAS early conciliation, and then one month to present your claim.
- If you receive correspondence from the tribunal, respond promptly and clearly; ignoring repeated requests can harm your case.
- Consider seeking independent legal advice if you are unsure about the consequences of continuing or withdrawing your claim.
This case shows how failing to engage with the tribunal process can lead to a claim being dismissed without any consideration of its merits. The former employee was summarily dismissed in October 2022 and presented an unfair dismissal claim in February 2023. However, he later emailed the tribunal asking to cancel his claim because the respondent had warned him he might have to pay their legal costs. The tribunal responded by asking him to confirm whether he wanted to withdraw, and advised him to seek independent legal advice. He never replied.
Despite two further letters from the tribunal and two personal visits to his home by the respondent's solicitor delivering hearing documents, the claimant did not attend the final hearing. The tribunal concluded that his absence was deliberate and dismissed the claim under Rule 47, which allows a judge to strike out a claim when a claimant fails to attend without good reason.
What the respondent did right
The respondent kept the tribunal informed of its attempts to contact the claimant, including the solicitor's home visits. This helped the judge decide that reasonable enquiries had been made into the claimant's absence.
Why this matters
Even if a claimant has a strong case on the facts, procedural mistakes can be fatal. The tribunal also noted that the claim was presented out of time: the dismissal was on 28 October 2022, ACAS conciliation ended on 8 February 2023, and the claim was filed on 28 February 2023 — 20 days late. This case is a reminder that employment tribunal claims have strict deadlines and that ignoring communications from the tribunal or the other side can result in the claim being dismissed without a hearing on the merits.
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