Claim struck out after employee failed to attend hearing despite warnings
A former employee's unfair dismissal claim was struck out after he failed to attend a preliminary hearing, despite being warned that non-attendance could lead to strike-out. No compensation was awarded.
1 min read · Last updated 18 May 2026
Key facts
- The claimant did not attend the preliminary hearing on 23 January 2023.
- The claimant had been warned that the claim might be struck out if he did not attend.
- The claimant provided no evidence of his father's death or his own depression.
- The claimant made no attempt to contact the tribunal before the hearing.
- The claim was struck out for not being actively pursued.
Timeline
-
Rule 21 letter sent to first respondent
A letter was sent to the first respondent, copied to the claimant, informing them of participation restrictions.
-
Preliminary hearing (no parties attended)
A preliminary hearing was held where no parties appeared. The judge issued a strike out warning.
-
Notice of further preliminary hearing
The tribunal sent a letter informing parties of a preliminary hearing on 23 January 2023 to decide whether to strike out the claim.
-
Claimant travelled to Nigeria
The claimant flew to Nigeria for family meetings following his father's death.
-
Claimant returned to UK
The claimant returned from Nigeria, over a month before the hearing.
-
Preliminary hearing (claimant absent)
The claimant failed to attend the hearing and did not contact the tribunal. The claim was struck out.
-
Judgment sent to parties
The written judgment was sent to the parties.
-
Reconsideration refused
Employment Judge D Wright refused the claimant's reconsideration request, finding no reasonable prospect of varying the original decision.
The legal issue
The tribunal had to decide whether to strike out the claim because the claimant had not actively pursued it and did not attend a preliminary hearing, despite being warned that non-attendance could result in strike-out.
The outcome
The tribunal struck out the claim under Rule 37 for not being actively pursued and/or for unreasonable conduct. The key reasons were:
- The claimant failed to attend the preliminary hearing on 23 January 2023.
- He had been warned on 17 November 2022 that the hearing would decide whether to strike out the claim and that attendance was important.
- He made no attempt to contact the tribunal before the hearing to explain his absence.
- His later excuses (father's death, depression) were unsupported by evidence, and he had returned from Nigeria over a month before the hearing.
- No compensation was awarded as the claim was struck out entirely.
Lessons & takeaways
- Always attend tribunal hearings unless you have a compelling reason and have informed the tribunal in advance.
- If you cannot attend, provide written evidence (e.g., medical certificates, death certificates) as soon as possible.
- Ignoring warnings about strike-out can result in your claim being dismissed without any consideration of its merits.
- A tribunal is unlikely to accept excuses that are unsupported by evidence, especially if you had time to gather it.
A case that ended before it began
This case shows how quickly an employment claim can collapse if the claimant fails to engage with the tribunal process. The former employee brought an unfair dismissal claim against Vision on Services GB Ltd, but the claim never reached a full hearing. Instead, it was struck out at a preliminary stage because the claimant did not attend a hearing and did not actively pursue the case.
The tribunal had already issued a warning in November 2022 that a preliminary hearing would be held to decide whether to strike out the claim. The claimant was told that attendance was important and that the claim was less likely to be struck out if he attended and explained his case. Despite this, he did not attend and made no contact with the tribunal beforehand.
What the claimant could have done differently
The claimant later said he had been grieving his father's death and suffering from depression. But he provided no evidence — no death certificate, no medical records, and no proof that he had even seen a doctor. He had also returned from Nigeria over a month before the hearing, giving him plenty of time to contact the tribunal or seek help. The tribunal was sympathetic to his grief but found that without evidence, the excuses could not justify his failure to attend.
Why this matters for similar claims
This case is a reminder that tribunals expect claimants to take their cases seriously. If you miss a hearing without good reason — and without telling the tribunal — your claim can be struck out entirely, regardless of its merits. The same applies if you fail to respond to tribunal directions or otherwise show you are not actively pursuing your case. The lesson is simple: engage with the process, attend hearings, and provide evidence if something prevents you from doing so.
Similar cases
Claims dismissed: what happens when you ignore tribunal orders
Two former employees had their unfair dismissal claims automatically struck out after failing to comply with an Unless Order. The tribunal refused reconsideration, and the claims were ultimately dismissed.
Former employee's claim struck out after failing to comply with tribunal orders
A former employee's unfair dismissal claim against Dr French Memorial Home Limited was struck out after she failed to attend a hearing and ignored tribunal orders, even after being given a second chance.
Claim struck out for non-pursuit: employee with 18 days' service loses discrimination case
A former employee who worked for only 18 days had her discrimination and whistleblowing claim struck out after failing to attend hearings or comply with tribunal orders. Her application for reconsideration was refused.
Claim struck out after former employee failed to attend hearing
A former employee's claims for unfair dismissal and discrimination were struck out after he failed to attend a telephone hearing and did not comply with orders to explain his absence.