Redundancy claims dismissed after claimants failed to attend hearing
Three former employees had their claims for unfair dismissal, redundancy pay and unpaid wages dismissed after they failed to attend the tribunal hearing and provided no evidence.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimants submitted claims on 26 January 2022 but only Mr Alfoadari provided details.
- The respondent is in creditors voluntary liquidation and did not respond.
- The claimants failed to attend the hearing on 23 March 2023.
- Mr Alfoadari stated he had less than two years' service, so unfair dismissal and redundancy claims cannot succeed.
- No evidence was provided for protective award, unpaid wages, notice pay, or holiday pay claims.
Timeline
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Employment started
Mr Alfoadari stated he was employed from September 2021.
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Redundancy
The claimants were made redundant without consultation.
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Claims submitted
The claimants submitted their claims to the tribunal.
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Case management order
EJ Talbot-Ponsonby ordered a hearing and required the claimants to provide information by 7 February 2023.
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Hearing and judgment
No claimants attended; Mr Alfoadari said they would not attend. The tribunal dismissed all claims.
The legal issue
The tribunal had to decide whether the former employees could prove their claims for unfair dismissal, redundancy payment, protective award, unpaid wages, notice pay, and holiday pay, given the lack of evidence and their failure to attend the hearing.
The outcome
The tribunal dismissed all claims from the three former employees.
- The only claimant who provided any details of employment had less than two years' service, so claims for unfair dismissal and redundancy payment could not succeed.
- No evidence was provided for the protective award claim, and there was no indication that 20 or more employees were made redundant.
- Claims for unpaid wages, notice pay, and holiday pay were dismissed because the claimants did not provide the information required by the tribunal.
- The respondent company was in voluntary liquidation and did not participate.
Lessons & takeaways
- You must provide evidence to support your claims, such as dates of employment and amounts owed.
- Attending the tribunal hearing is crucial — failure to attend can result in your claims being dismissed.
- If you have less than two years' service, you generally cannot claim unfair dismissal or a statutory redundancy payment.
- Follow tribunal orders to provide information by the deadline, or your claims may be struck out.
What this case shows in practice
Three former employees of Seychell Engineering and Fabrication Limited brought claims for unfair dismissal, redundancy payment, unpaid wages, holiday pay, and a protective award after being made redundant without consultation. However, their case collapsed because they did not attend the hearing and failed to provide the evidence needed to support their claims.
The only claimant who gave any details of his employment said he worked from September to December 2021 — less than two years. This meant his unfair dismissal and redundancy claims could not succeed as a matter of law. The other two claimants provided no details at all.
What the losing side could have done differently
The claimants could have attended the hearing or at least provided the information ordered by the tribunal. They were asked to confirm employment dates and give details of the amounts claimed for unpaid wages, holiday pay, and notice pay. Without this evidence, the judge had no basis to make any award.
For the protective award claim, the claimants needed to show that 20 or more employees were made redundant. They provided no such evidence, and the claim failed.
Why the result matters for similar claims
This case is a reminder that employment tribunals need evidence to make decisions. Claimants must provide basic information about their employment and the losses they claim. If you have less than two years' service, you cannot bring claims for unfair dismissal or a statutory redundancy payment. And if you fail to attend a hearing or comply with tribunal orders, your claims are likely to be dismissed.
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