Claim struck out after employee left hearing and refused to return
A former employee who attended a final hearing by phone, left twice, and refused to return had his unlawful deduction claim struck out for unreasonable conduct.
1 min read · Last updated 18 May 2026
Case details
- #strike-out
- #unreasonable-conduct
- #failure-to-attend
- #sick-pay
- #telephone-hearing
Key facts
- The claimant was employed by the respondent and claimed he was not paid full pay during a period of sickness.
- The claimant attended the final hearing by telephone only, despite being ordered to provide a witness statement and attend by video.
- The claimant left the hearing twice without explanation and refused to return.
- The tribunal found the claimant had conducted proceedings unreasonably and struck out the claim.
- Alternatively, the tribunal found the claimant was only entitled to statutory sick pay and had been paid correctly.
Timeline
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Claimant paid full pay
The claimant was paid full pay on this day.
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Claimant unwell and not working
The claimant was unwell and requested sick days for 24th and 25th June.
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Claimant admitted to hospital
The claimant was admitted to hospital from about 25th June until 29th or 30th June.
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Claimant still unwell
The claimant messaged that his symptoms were not better and he understood he was off ill.
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Claimant returned to work
The claimant emailed saying this was his first day back after recovering from COVID-19.
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First hearing (strike out of discrimination claims)
Employment Judge Frazer struck out sex discrimination and unfair dismissal claims as having no reasonable prospects.
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Deadline for witness statement and schedule of loss
The claimant was ordered to provide a witness statement and schedule of loss by this date but did not comply.
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Final hearing
The claimant attended by telephone only, left the hearing, and refused to return. The claim was struck out and dismissed.
The legal issue
Whether the claimant's claim for full sick pay should be struck out due to his conduct, and whether he was entitled to full pay or only statutory sick pay.
The outcome
The tribunal struck out the claim due to the claimant's unreasonable conduct: he attended by telephone only, failed to provide a witness statement, left the hearing twice, and refused to return. In the alternative, the tribunal found the claim had no merit because the claimant was only entitled to statutory sick pay and had been paid correctly. No compensation was awarded.
Lessons & takeaways
- Always follow tribunal orders, such as providing a witness statement and attending by video, to avoid having your claim struck out.
- If you are unwell, request an adjournment in advance and provide evidence; leaving a hearing without explanation can be seen as unreasonable.
- Check your employment contract or handbook for sick pay entitlements—many employers only provide statutory sick pay for short absences.
What this case shows
This case illustrates how a claimant's conduct during proceedings can derail their claim, even before the merits are fully considered. The former employee brought a claim for unlawful deduction of wages, arguing he was entitled to full pay during a short sickness absence. However, his failure to comply with tribunal orders and his behaviour at the final hearing led to the claim being struck out.
The claimant attended the hearing by telephone only, despite being ordered to attend by video. He had not provided a witness statement or schedule of loss as directed. During the hearing, he left twice without explanation and refused to return, citing illness. The tribunal found his conduct unreasonable, noting he was at work and able to speak eloquently on the phone.
What the respondent did right
Out and Out Original Limited, represented by counsel, acted proportionately. The respondent's representative agreed to allow the claimant to give evidence by telephone despite his conduct, showing flexibility. When the claimant failed to return, the respondent applied for a strike-out, which the tribunal granted.
Why this matters
This case is a reminder that tribunals expect parties to engage properly with the process. Claimants who ignore orders or disrupt hearings risk having their claims struck out, regardless of the underlying merits. Even if the claim had been heard, the tribunal found it would have failed because the claimant had already been paid his correct entitlement—statutory sick pay—and had no contractual right to full pay during his short absence.
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