Claim struck out for failure to attend, then restored on reconsideration

This case shows how failing to engage with tribunal procedures can put an unfair dismissal claim at risk, but also that a second chance may be possible. The former employee brought a claim against Whitbread Group Plc but did not comply with orders to exchange documents and witness statements. He also did not attend the final hearing, emailing the night before to say he had a sickness bug but not formally applying for a postponement. The tribunal struck out the claim, finding that a fair hearing was not possible.

What the tribunal decided

The tribunal struck out the claim under Rules 37 and 47 of the Employment Tribunal Rules because the claimant's failure to attend and non-compliance meant the case could not proceed fairly. The claimant had ignored requests from the respondent to provide mitigation evidence, which was essential if the claim succeeded. The tribunal noted that the claimant's conduct was unreasonable and that he had not made real efforts to attend the hearing.

A second chance

A year later, the claimant attended a reconsideration hearing in person. The tribunal granted his application, revoked the strike-out judgment, and restored the claim with new case management orders. This outcome shows that tribunals may give claimants an opportunity to put things right, but it is not guaranteed and depends on the circumstances.

What this means for similar claims

For anyone bringing an unfair dismissal claim, this case highlights the importance of following tribunal orders and communicating properly about any issues. If you cannot attend a hearing, apply for a postponement as soon as possible and explain what steps you will take to get the case ready. Representing yourself can be challenging, so consider getting legal advice or support from organisations like Acas or a law centre.