Former employee's unfair dismissal claim thrown out after failing to attend hearing
A former employee's unfair dismissal claim against Slough Borough Council was dismissed after she and her representative failed to attend the final hearing, despite multiple attempts by the tribunal to contact them.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #dismissal-for-failure-to-attend
- #conduct-dismissal
Key facts
- The claimant's claim was for unfair dismissal related to conduct.
- The claimant and her representative did not attend the final hearing on 27 April 2023.
- The claimant's representative emailed the tribunal on 26 April 2023 stating the claimant decided not to proceed, but later told the clerk the claimant wished to continue.
- The tribunal made multiple attempts to contact the claimant and her representative to join the hearing.
- The claimant failed to attend the hearing despite being warned that her claim could be dismissed.
- The tribunal dismissed the claim under Rule 47 for failure to attend.
Timeline
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Final hearing listed
The final hearing was listed for 27-28 April 2023.
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Claimant's representative emails tribunal
At 17:26, the claimant's representative emailed the tribunal stating the claimant decided not to proceed with the hearing.
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Hearing day - attempts to contact claimant
At 9:27am, the judge instructed the clerk to contact the claimant and representative to join the hearing. The clerk emailed and called, leaving messages.
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Hearing delayed to 10:30am
Neither claimant nor representative joined at 10am; the judge delayed the start to 10:30am.
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Further attempts at 10:38am
The clerk spoke to the claimant, who said she would ask her representative to join. Neither joined.
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Hearing started at 10:50am
The judge started the hearing in the claimant's absence after further unsuccessful attempts to contact them.
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Claim dismissed
The judge dismissed the claim under Rule 47 for failure to attend.
The legal issue
The tribunal had to decide whether to postpone the hearing or dismiss the claim due to the claimant's non-attendance, and whether it was just to dismiss the claim under Rule 47 of the Employment Tribunals Rules of Procedure 2013.
The outcome
The tribunal dismissed the former employee's unfair dismissal claim against Slough Borough Council.
The key reason was that the claimant and her representative failed to attend the final hearing despite clear warnings that the claim could be dismissed. The tribunal made multiple attempts to contact them on the day, but they did not join the video hearing.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Always attend your tribunal hearing, even if you are considering withdrawing your claim – failing to attend can result in automatic dismissal.
- If you need a postponement, make a formal application with clear reasons and evidence as early as possible.
- Keep in regular contact with the tribunal and your representative to avoid misunderstandings about your intentions.
- Be aware that the tribunal can dismiss your claim if you do not attend, even if you have previously indicated you wish to proceed.
This case shows the serious consequences of failing to attend an employment tribunal hearing. The former employee had brought an unfair dismissal claim against Slough Borough Council, but on the eve of the final hearing, her representative emailed the tribunal saying she had decided not to proceed. However, the next morning the representative told the clerk she wished to continue. Despite this confusion, neither the claimant nor her representative joined the video hearing, even after the tribunal made repeated attempts to contact them and warned that the claim could be dismissed.
What the tribunal did
The judge delayed the start of the hearing to give the claimant more time, and the clerk called and emailed multiple times. At one point, the claimant spoke to the clerk and said she would ask her representative to join, but neither ever appeared. The judge then decided to dismiss the claim under Rule 47, which allows the tribunal to strike out a claim for non-attendance.
What the losing side could have done differently
The claimant could have avoided dismissal by simply attending the hearing, even if she was unsure about proceeding. If she wanted a postponement, she should have made a formal application with reasons. Instead, the ambiguous email and failure to attend left the tribunal with no choice but to dismiss the claim.
Why this matters
This case is a reminder that tribunals take attendance seriously. If you do not attend a final hearing without good reason, your claim can be dismissed without any consideration of its merits. It also highlights the importance of clear communication with the tribunal and your representative.
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