Unfair dismissal claim thrown out after claimant fails to attend hearing
A former employee's unfair dismissal claim against NSL Limited was dismissed after neither he nor his former employer attended the final hearing. The tribunal concluded there was no good reason for his absence.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #dismissed-under-rule-47
- #age-discrimination-withdrawn
- #disability-discrimination-withdrawn
Key facts
- The claimant originally claimed unfair dismissal and disability discrimination but later withdrew discrimination claims.
- The claimant was directed to provide further details by 29 July 2022 but only provided limited information via Citizens Advice Bureau.
- Neither the claimant nor the respondent attended the final hearing on 21 November 2022.
- The tribunal dismissed all claims under rule 47 due to non-attendance.
Timeline
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Preliminary hearing
Employment Judge Cowen conducted a preliminary hearing by telephone. The claimant stated his discrimination claim was age, not disability. He was ordered to provide further details by 29 July 2022.
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Record of preliminary hearing sent
The tribunal sent the record of the preliminary hearing to the parties.
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Claimant's further details submitted
Rickmansworth Citizens Advice Bureau emailed the tribunal on behalf of the claimant, stating he was no longer pursuing age and disability discrimination claims and providing details of his unfair dismissal claim.
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Respondent's response
The respondent's solicitor acknowledged receipt of the claimant's further details and stated no amendment to their grounds of resistance was needed.
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Final hearing
Employment Judge Hyams conducted the hearing by telephone. Neither party attended. The judge attempted to contact both parties twice but received no response.
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Judgment issued
Employment Judge Hyams dismissed all claims under rule 47 of the Employment Tribunals Rules of Procedure 2013.
The legal issue
The tribunal had to decide whether to dismiss the claimant's unfair dismissal claim because he failed to attend the final hearing without a good reason, despite having been given clear directions and notice of the hearing date.
The outcome
The tribunal dismissed all claims under rule 47 of the Employment Tribunals Rules of Procedure 2013 because the claimant did not attend the hearing and no good reason was given for his absence.
The key reasons were:
- The claimant had been ordered to provide further details of his claims by 29 July 2022, which he did via Citizens Advice Bureau, but he later failed to attend the final hearing.
- The judge attempted to contact the claimant twice by phone on the day of the hearing but received no response.
- The discrimination claims had already been indicated as not being pursued, and the unfair dismissal claim appeared not to be pressed.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Always attend your tribunal hearing or inform the tribunal in advance if you cannot, with evidence of a good reason.
- If you withdraw some claims, make sure to formally withdraw them in writing to avoid confusion.
- Keep the tribunal updated with your correct contact details and respond to their communications.
- If you miss a hearing due to ill health, you must provide medical evidence to support a reconsideration application.
- Tribunals can dismiss claims for non-attendance even if the respondent also fails to attend.
This case shows how important it is for claimants to attend their tribunal hearings. The former employee had originally brought claims of unfair dismissal and discrimination against NSL Limited, but after a preliminary hearing, he indicated he was no longer pursuing the discrimination claims. He was ordered to provide further details of his unfair dismissal claim, which he did through the Citizens Advice Bureau.
Despite this, when the final hearing came, neither the claimant nor the respondent attended. The judge tried to call both parties twice but got no answer. With no explanation for the absence, the tribunal had no choice but to dismiss the claim under rule 47. The judge noted that if the claimant had a good reason, such as ill health, he could apply for a reconsideration, but would need medical evidence to support it.
What could have been done differently
The claimant could have avoided dismissal by simply attending the hearing or, if unable to attend, contacting the tribunal beforehand with a valid reason and evidence. Even if the respondent also failed to attend, the tribunal can still proceed and dismiss the claim if the claimant is absent without good cause.
Why this matters
This case is a reminder that tribunals expect parties to take their cases seriously. Non-attendance can lead to immediate dismissal of the claim, regardless of its merits. Claimants should ensure they are available on the hearing date and keep the tribunal informed of any issues. If you cannot attend, seek advice quickly and provide evidence—otherwise, you risk losing your case entirely.
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