Claim dismissed after claimant failed to attend hearing and claim was out of time
A former employee's unfair dismissal claim against David Lloyd Leisure was dismissed after she failed to attend the hearing and did not respond to tribunal correspondence. The claim also appeared to be out of time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant did not attend the hearing and provided no reason for her absence.
- The claimant had not responded to three letters from the tribunal requesting information.
- The respondent had received no communication from the claimant since the claim form.
- The claim appeared to be out of time and the claimant provided no explanation for the delay.
Timeline
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First tribunal letter
The tribunal wrote to the claimant requesting information.
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Second and third tribunal letters
The tribunal wrote to the claimant twice more requesting information.
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Hearing and judgment
The claimant failed to attend the hearing. The tribunal dismissed the claim due to non-attendance and the claim being out of time.
The legal issue
The tribunal had to decide whether to dismiss the claim due to the claimant's non-attendance and whether the claim was presented out of time.
The outcome
The tribunal dismissed the claim in its entirety. The claimant failed to attend the hearing and did not provide any reason for her absence. She had also not responded to three letters from the tribunal requesting information. The claim appeared to be out of time, and the claimant provided no explanation for the delay. No compensation was awarded.
Lessons & takeaways
- Always respond to tribunal correspondence promptly to avoid your claim being dismissed.
- If you cannot attend a hearing, inform the tribunal as soon as possible and explain why.
- Check the time limits for bringing an unfair dismissal claim – usually three months from the date of dismissal.
- If you are bringing a claim in person, make sure you are prepared to actively pursue it.
What this case shows
This case highlights the importance of engaging with the tribunal process. The former employee brought an unfair dismissal claim against David Lloyd Leisure but then failed to attend the hearing and did not respond to multiple letters from the tribunal. The tribunal tried to contact her by phone and email on the day of the hearing, but she did not dial in or provide any explanation.
What could have been done differently
The claimant could have avoided dismissal by simply responding to the tribunal's letters or attending the hearing. If she had a reason for not attending, she should have requested a postponement in advance. By staying silent, she gave the tribunal no choice but to dismiss the claim.
Why this matters
This case serves as a reminder that tribunals expect claimants to actively pursue their claims. Non-attendance and failure to communicate can lead to immediate dismissal, especially when the claim also appears to be out of time. Anyone considering bringing a claim should ensure they understand the time limits and are prepared to engage with the process.
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