Unfair dismissal claim dismissed after initial non-attendance due to union rep's bereavement
A former Royal Mail employee's unfair dismissal claim was dismissed after he and his union representative failed to attend the first hearing. The judgment was later revoked due to the rep's family bereavement, but the claim was ultimately rejected on its merits.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #reconsideration
- #union-representative
Key facts
- The claimant's claim of unfair dismissal was initially dismissed due to non-attendance at the hearing.
- The judgment was later revoked because the claimant's union representative had a family bereavement.
- At the rescheduled hearing, the claimant was represented by a trade union representative.
- The tribunal found the unfair dismissal claim not well-founded and dismissed it.
Timeline
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Initial hearing
The claimant and his union representative failed to attend. The claim was dismissed.
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Application for reconsideration
Another union representative applied to revoke the judgment due to the death of the claimant's representative's wife.
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Reconsideration granted
Employment Judge Havard revoked the earlier judgment.
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Substantive hearing
The claim was heard on its merits. The tribunal dismissed the unfair dismissal claim.
The legal issue
The tribunal had to decide whether the claimant's dismissal by Royal Mail was unfair. The case also involved a procedural issue: whether the initial dismissal for non-attendance should be set aside due to the representative's family tragedy.
The outcome
The tribunal decided that the claimant's unfair dismissal claim was not well-founded and dismissed it.
Key reasons:
- The claimant was represented by a trade union representative at the rescheduled hearing.
- After hearing the evidence, the tribunal found no basis for an unfair dismissal finding.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you or your representative cannot attend a hearing due to a genuine emergency, inform the tribunal as soon as possible to avoid automatic dismissal.
- Tribunals may reconsider a judgment if there is a good reason for non-attendance, such as a family bereavement of a representative.
- Having a union representative does not guarantee success; the merits of your case are still the deciding factor.
A procedural hiccup with a tragic cause
This case began with an unusual procedural twist. The former employee and his union representative failed to attend the first substantive hearing. The tribunal dismissed the claim automatically under Rule 47. The reason for their absence only emerged later: the representative's wife had died that morning. Another union official applied for reconsideration, and the tribunal revoked the earlier judgment, allowing the case to proceed.
The claim on its merits
At the rescheduled hearing, the claimant was represented by the same union representative. The tribunal heard the evidence but concluded that the unfair dismissal claim was not well-founded. The judgment does not detail the specific reasons for the dismissal, but the outcome shows that the employer, Royal Mail Group Ltd, successfully defended the claim.
What this means for similar cases
This case highlights two important points. First, tribunals are willing to set aside procedural defaults if there is a compelling reason, such as a family tragedy. Second, even if a claim gets a second chance, it will still be judged on its substance. Claimants should ensure they have strong evidence to support their case, regardless of who represents them.
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