Claim dismissed after employee fails to attend hearing and lacks two years' service
A former employee's unfair dismissal and unpaid wages claim was thrown out after she failed to attend the video hearing and had less than two years' continuous employment.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #rule-47
- #no-continuous-employment
- #unpaid-wages
Key facts
- The claimant presented a claim for unfair dismissal and unpaid wages on 18 February 2022.
- The respondent denied that the claimant ever worked for them, stating she was the girlfriend of the manager.
- The claimant did not attend the hearing and could not be contacted by the clerk.
- The claimant had less than two years' continuous employment, so could not bring an unfair dismissal claim.
- The tribunal dismissed the claims under Rule 47 due to the claimant's non-attendance.
Timeline
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Claim presented
The claimant presented an ET1 claiming unfair dismissal and unpaid wages.
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Hearing
The hearing was held by video. The claimant did not attend and could not be contacted. The respondent's director attended and denied the claimant ever worked for the respondent.
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Judgment
Employment Judge Pritchard dismissed the claims in their entirety under Rule 47 due to the claimant's non-attendance and lack of continuous employment.
The legal issue
The tribunal had to decide whether to dismiss the claims because the claimant did not attend the hearing, and also whether she could bring an unfair dismissal claim given her length of service.
The outcome
The tribunal dismissed all claims in their entirety.
- The claimant did not attend the hearing and could not be contacted, so the tribunal applied Rule 47 to dismiss the claims.
- Even if she had attended, she had less than two years' continuous employment, which meant she could not bring an unfair dismissal claim under the Employment Rights Act 1996.
- The respondent denied she ever worked for them, stating she was the manager's girlfriend who visited the premises socially.
Lessons & takeaways
- Always attend your tribunal hearing or inform the tribunal in advance if you cannot attend, or your claim may be dismissed.
- You normally need at least two years' continuous employment to bring an unfair dismissal claim in England and Wales.
- Keep records of your employment, such as payslips and contracts, to prove you worked for the respondent if they deny it.
- If you have a weak claim on service length, consider whether you have another type of claim (e.g., discrimination) that does not require two years' service.
This case shows how procedural failures can end a claim before the tribunal even considers the merits. The former employee presented a claim for unfair dismissal and unpaid wages, but did not attend the video hearing and could not be reached by the clerk. The tribunal applied Rule 47, which allows it to dismiss a claim if a party fails to attend without good reason.
Even if she had attended, the claim faced a fundamental problem: she had less than two years' continuous employment. Under the Employment Rights Act 1996, employees need at least two years' service to bring an unfair dismissal claim (unless the dismissal is for an automatically unfair reason, which was not alleged here). The respondent also denied she ever worked for them, claiming she was the manager's girlfriend who visited socially.
What the respondent did right
The respondent's director attended the hearing prepared with payroll and clocking records to support their case. This contrasted with the claimant's absence, which made it easy for the tribunal to dismiss the claim.
Key takeaway for employees
This case is a reminder that tribunal claims require active participation. Failing to attend a hearing can be fatal. It also highlights the importance of understanding the service requirement for unfair dismissal. If you have less than two years' service, you may need to rely on other legal grounds, such as discrimination or whistleblowing, which have no service requirement.
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