Claim reinstated after former employee missed hearing due to technical issues
A former employee who missed a telephone hearing due to connection problems has had her unfair dismissal claim reinstated after the tribunal granted reconsideration.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant's claim was originally dismissed for non-attendance at a hearing on 25 July 2023.
- The claimant applied for reconsideration on 3 August 2023, stating she had made efforts to attend the hearing.
- The claimant emailed and called the tribunal but was unable to join the hearing call.
- The Employment Judge granted reconsideration and reinstated the claim.
Timeline
-
Original hearing
The claimant did not attend the telephone hearing; the claim was dismissed for non-attendance.
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Application for reconsideration
The claimant applied for reconsideration, stating she had made efforts to attend the hearing.
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Reconsideration judgment
Employment Judge Aspinall granted reconsideration and reinstated the claim.
The legal issue
Whether the former employee's application for reconsideration of the dismissal of her claim for non-attendance should be granted in the interests of justice.
The outcome
The tribunal granted the former employee's application for reconsideration and reinstated her unfair dismissal claim against CFE Lighting.
The key reason was that the former employee had made genuine efforts to attend the telephone hearing on 25 July 2023, including emailing the tribunal and calling the tribunal offices, but was unable to join the call due to technical issues. The judge noted that it would not be in the interests of justice to deny her a chance to have her case heard.
No compensation was awarded as the claim was reinstated, not decided on its merits.
Lessons & takeaways
- If you miss a tribunal hearing due to technical difficulties, apply for reconsideration within 14 days and provide evidence of your efforts to attend.
- Tribunals have discretion to reinstate claims if it is in the interests of justice, especially if you made reasonable attempts to attend.
- Always copy your application for reconsideration to the other party, or the tribunal may do it for you and allow them time to object.
A second chance after a missed hearing
This case shows that missing a tribunal hearing does not always mean the end of your claim. The former employee had her unfair dismissal claim reinstated after she applied for reconsideration, explaining that she had tried to join the telephone hearing but could not get through.
On the day of the original hearing, the former employee emailed the tribunal and called both the Liverpool and Manchester tribunal offices. Despite her efforts, she could not connect to the hearing call. The judge initially dismissed her claim for non-attendance, but when she applied for reconsideration within the 14-day time limit, the judge reviewed the evidence of her attempts and decided to reinstate the claim.
What the losing side could have done differently
In this case, there was no 'losing side' as such — the respondent, CFE Lighting, was given an opportunity to object to the reinstatement but did not. For employers, this case is a reminder that tribunals will look sympathetically on claimants who can show they made genuine efforts to attend. If you are an employer facing a similar situation, it may be worth considering whether opposing reinstatement is proportionate, especially if the claimant's non-attendance was not their fault.
Why this matters for similar claims
The decision highlights the tribunal's broad discretion under Rule 70 of the Employment Tribunal Rules to reconsider a judgment where it is necessary in the interests of justice. The overriding objective is to deal with cases fairly and justly. If you miss a hearing due to circumstances beyond your control, applying promptly with supporting evidence can give you a second chance. However, the tribunal also emphasised the need for finality in litigation, so you should not rely on this as a safety net — always do everything you can to attend.
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