Claim struck out after employee fails to attend hearing and lacks service
A former employee's unfair dismissal claim was struck out because he did not have two years' continuous service and failed to attend a preliminary hearing or comply with tribunal orders.
2 min read · Last updated 18 May 2026
Key facts
- The claimant did not have two years' continuous service to bring an ordinary unfair dismissal claim.
- The claimant failed to attend the preliminary hearing and did not contact the tribunal.
- The claimant did not comply with case management orders to provide further information on potential whistleblowing or Equality Act claims.
- The respondent applied to strike out the claim due to lack of jurisdiction and non-compliance.
Timeline
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Preliminary hearing before EJ Grundy
EJ Grundy informed the claimant he lacked service for unfair dismissal and ordered him to provide further information on other potential claims by 17 March 2023.
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Open preliminary hearing
The claimant did not attend. The tribunal struck out the claims for lack of jurisdiction and no reasonable prospects.
The legal issue
The tribunal had to decide whether it had jurisdiction to hear the unfair dismissal claim given the employee's insufficient length of service, and whether any other potential claims (e.g., whistleblowing or Equality Act) had reasonable prospects of success.
The outcome
The tribunal struck out the claim in its entirety.
- The employee did not have two years' continuous service, so the tribunal had no jurisdiction to hear an ordinary unfair dismissal claim.
- The employee failed to attend the preliminary hearing and did not comply with case management orders to provide further details about any whistleblowing or discrimination claims.
- As a result, the tribunal concluded that no claim had any reasonable prospect of success and struck out the case.
Lessons & takeaways
- You generally need two years' continuous service to bring an ordinary unfair dismissal claim – check your start date and any breaks.
- If you think you have a claim that doesn't require two years' service (like whistleblowing or discrimination), you must clearly set out the facts supporting it.
- Attend all tribunal hearings and comply with case management orders – failing to do so can lead to your claim being struck out.
- If you cannot attend a hearing, inform the tribunal as soon as possible – otherwise the judge may proceed without you.
This case shows the importance of meeting the basic legal requirements before bringing an employment tribunal claim – and of engaging with the process once you have started it.
The service requirement
For an ordinary unfair dismissal claim, an employee must normally have at least two years' continuous service with the employer. In this case, the former employee did not have that length of service. The tribunal told him at an earlier hearing that his unfair dismissal claim could not proceed. He was given a chance to provide further information about other possible claims – such as whistleblowing or discrimination – which do not require two years' service. But he did not provide that information.
Non-attendance and non-compliance
The employee also failed to attend the preliminary hearing where his case was to be reviewed. The tribunal tried to contact him by phone and email but received no response. He had not complied with the tribunal's earlier order to set out any other claims. The respondent's solicitor asked for the claim to be struck out.
What the tribunal decided
Employment Judge Sharkett struck out the claim. The tribunal had no jurisdiction to hear an unfair dismissal claim because of the service shortfall. And because the employee had not provided any details of other potential claims – and had not attended the hearing – there was no basis to allow any other claim to proceed. The final hearing that had been listed was also cancelled.
What this means for similar claims
This case is a reminder that employment tribunals expect claimants to follow the rules and engage with the process. If you do not have the required service for an unfair dismissal claim, you need to identify a different legal basis – like whistleblowing or discrimination – and provide enough detail to show it has a real chance of success. Ignoring tribunal orders or failing to attend hearings is very likely to result in your claim being struck out.
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