Former employee's unfair dismissal claim struck out after failing to attend final hearing
An employment tribunal struck out a former employee's unfair dismissal claim after he failed to attend the final hearing and ignored all directions, despite being aware of the hearing date.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant failed to attend the final hearing on 29 June 2023.
- The claimant was aware of the hearing date from a telephone call on 25 April 2023.
- The claimant emailed the respondent on 26 June 2023 referencing the hearing on 29 June.
- The claimant did not comply with any directions, including disclosure and witness statements.
- The tribunal found the claimant had no intention of participating in the proceedings.
Timeline
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Notice of hearing sent
The tribunal sent an email to the claimant with notice of the final hearing on 29 June 2023.
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Claimant telephones tribunal
The claimant called the tribunal and was told about the hearing on 29 June. He confirmed his email address and was asked to check spam.
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Claimant emails respondent
The claimant emailed the respondent, effectively reminding them of the hearing on 29 June.
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Final hearing
The claimant failed to attend the video hearing. The respondent attended. The claimant later told the tribunal clerk he 'knew nothing' about the hearing.
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Deadline for representations
The claimant was ordered to provide a reason for non-attendance by 4pm on 7 July 2023, but failed to do so.
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Strike out judgment
Employment Judge Maidment struck out the claims for not being actively pursued.
The legal issue
The tribunal had to decide whether to strike out the former employee's claims for failing to attend the final hearing and not actively pursuing the proceedings.
The outcome
The tribunal struck out the former employee's unfair dismissal claim.
The key reason was that the claimant failed to attend the final hearing on 29 June 2023, despite being aware of the date. He also did not comply with any directions, including disclosure and witness statements. The tribunal found he had no intention of participating.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- If you bring a claim, you must attend all hearings and comply with tribunal directions, or your claim may be struck out.
- Ignoring tribunal orders and failing to engage with the process can lead to your case being dismissed without a hearing on the merits.
- If you cannot attend a hearing, you must inform the tribunal as soon as possible and provide a good reason; otherwise, you risk losing your case.
This case shows what happens when a claimant fails to engage with the employment tribunal process. The former employee brought an unfair dismissal claim against Bradley Park Waste Management Limited but then did not attend the final hearing, despite knowing about it. He also ignored all directions, including providing disclosure and a witness statement.
What the tribunal found
The tribunal was satisfied that the claimant was aware of the hearing date. He had telephoned the tribunal in April 2023 and was told about the hearing on 29 June. He also emailed the respondent on 26 June, effectively reminding them of the hearing. Yet on the day, he did not attend and later told the tribunal clerk he 'knew nothing' about it – a claim the tribunal found untruthful.
Why the claim was struck out
The tribunal concluded that the claimant had no intention of participating in the proceedings. He had not complied with any directions and failed to provide a satisfactory reason for his non-attendance. Under Rule 37 of the Employment Tribunal Rules, a claim can be struck out if it is not being actively pursued. That is what happened here.
What this means for similar claims
This case is a reminder that bringing a claim is only the first step. Claimants must actively pursue their case, attend hearings, and comply with tribunal orders. Failure to do so can result in the claim being struck out, meaning the tribunal never considers the merits of the case. If you are unable to attend a hearing, you must contact the tribunal immediately and explain why.
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