Claim struck out after repeated adjournments and lack of preparation
An employment tribunal struck out an unfair dismissal claim after the claimant failed to prepare for two hearings and made a last-minute adjournment application based on a minor surgery. The claimant was also ordered to pay £1,000 in costs.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 18 March 2022.
- The claimant's claim for unfair dismissal was struck out due to unreasonable conduct.
- The claimant failed to respond to a pre-hearing check letter.
- The claimant made a last-minute adjournment application based on surgery on his left big toe.
- The claimant and his representative had previously caused an adjournment in January 2023 due to technical issues and lack of preparation.
- The tribunal found it was no longer possible to have a fair hearing.
Timeline
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Work injury
The claimant sustained an injury to his right leg at work.
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Dismissal
The claimant was dismissed by the respondent.
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Bundle sent
Respondent sent the hearing bundle to the claimant by email.
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First hearing adjourned
The full merits hearing was adjourned due to the claimant's late attendance and failure to prepare.
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Surgery
The claimant had surgery on his left big toe (bunion).
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Pre-hearing check letter
Tribunal sent a letter requiring parties to confirm readiness by 25 May 2023.
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Adjournment application
Claimant's representative applied to postpone the hearing due to claimant's illness.
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Strike out and costs order
The tribunal struck out the claim and ordered the claimant to pay £1,000 costs.
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First reconsideration application
Claimant applied for reconsideration, which was refused on 18 July 2023.
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Second reconsideration application
Claimant applied again, alleging representative negligence; refused on 18 October 2023.
The legal issue
The tribunal had to decide whether to strike out the unfair dismissal claim due to the claimant's unreasonable conduct, which included failing to prepare for hearings and making a last-minute adjournment application without proper medical evidence.
The outcome
The tribunal struck out the claim for unfair dismissal under Rule 37(1)(b) and (e) of the Employment Tribunal Rules, finding that the claimant's conduct made a fair hearing impossible.
Key reasons:
- The claimant failed to respond to a pre-hearing check letter.
- He made a last-minute adjournment application for surgery on his left big toe (bunion), with no evidence he was unfit to attend.
- He and his representative had already caused an adjournment in January 2023 due to technical issues and lack of preparation.
The tribunal also ordered the claimant to pay £1,000 in costs to the respondent.
Compensation breakdown:
- Costs: £1,000
Lessons & takeaways
- Respond promptly to tribunal correspondence, including pre-hearing check letters, to avoid strike-out.
- If you need an adjournment for medical reasons, provide a clinician's note explaining why you cannot attend and when you will be fit.
- Do not assume an adjournment will be granted; the hearing remains listed until the tribunal decides otherwise.
- Repeated failures to prepare or attend hearings can lead to your claim being struck out and a costs order against you.
When lack of preparation leads to strike-out
This case shows how a claimant's failure to engage with the tribunal process can result in their claim being thrown out, even before the merits are considered. The former employee had been dismissed in March 2022 after a work injury, but his unfair dismissal claim never reached a full hearing.
The first hearing in January 2023 was adjourned because the claimant and his representative arrived late, had technical issues, and had not prepared properly. The tribunal gave them another chance, listing a fresh in-person hearing for June 2023.
The final straw: a last-minute adjournment request
Just before the June hearing, the claimant's representative applied to postpone, saying the claimant was unwell after leg surgery. But the surgery had been in February 2023 for a bunion on his left big toe. The claimant provided no medical evidence that he was unfit to attend, and the surgery was unrelated to the work injury he blamed for his dismissal.
The tribunal refused the adjournment. When the claimant said he would not participate without his solicitor (who had not attended), the judge struck out the claim, finding the claimant's conduct made a fair hearing impossible.
What this means for similar claims
The tribunal has wide powers to strike out claims where a party acts unreasonably. Here, the claimant had already been given one chance to get his case in order. Failing to respond to a pre-hearing check letter and making a weak, last-minute adjournment application were the final errors. The £1,000 costs order also shows that unreasonable conduct can have financial consequences.
For anyone bringing a tribunal claim, the message is clear: take every step seriously, respond to all communications, and only seek an adjournment with proper evidence. Otherwise, you risk losing your claim before it is even heard.
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