Unfair dismissal claim thrown out after claimant fails to attend hearing
A former employee's unfair dismissal claim against Get Set Hire has been dismissed after he failed to attend the hearing and made no contact with the tribunal for nearly six months.
1 min read · Last updated 18 May 2026
Case details
- #non-attendance
- #rule-47
- #failure-to-prosecute
- #no-contact
Key facts
- The claimant submitted a claim for unfair dismissal on 13 April 2022.
- The claimant did not comply with tribunal directions to provide documents and witness statements.
- The claimant did not attend the hearing on 6 October 2022.
- The tribunal made reasonable enquiries but could not contact the claimant.
- The respondent was prepared for the hearing and had complied with directions.
Timeline
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Claim submitted
The claimant submitted an unfair dismissal claim to the tribunal.
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Notice of Hearing sent
The tribunal sent the claimant a Notice of Hearing for 6 and 7 October 2022, along with directions to provide documents and witness statements.
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Respondent applied for Unless Order
The respondent applied for an Unless Order due to the claimant's non-compliance with directions.
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Joining instructions sent
The tribunal sent the claimant joining instructions for the online hearing, asking him to join by 09:40.
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Hearing and dismissal
The claimant did not attend the hearing. The tribunal dismissed the claim under Rule 47 for non-attendance and failure to prosecute.
The legal issue
The tribunal had to decide whether to dismiss the claim under Rule 47 of the Employment Tribunals Rules of Procedure due to the claimant's non-attendance and failure to prosecute the case.
The outcome
The tribunal dismissed the claim under Rule 47. The claimant had not attended the hearing, had not complied with directions to provide documents and witness statements, and had not contacted the tribunal or respondent since submitting the claim in April 2022. The respondent was prepared and ready to proceed, and the tribunal found no reason for the claimant's absence after making reasonable enquiries.
Lessons & takeaways
- If you bring a tribunal claim, you must comply with all directions and keep the tribunal updated with your contact details.
- Failure to attend a hearing without a good reason will almost certainly result in your claim being dismissed.
- Self-represented claimants are expected to engage with the process; silence for months can be fatal to your case.
- The tribunal will consider the prejudice to the respondent if a claim is allowed to linger without progress.
This case shows that bringing a tribunal claim is only the first step — you must actively pursue it. The former employee filed an unfair dismissal claim against Get Set Hire in April 2022 but then did nothing further. He failed to provide documents or witness statements as directed, and did not attend the hearing in October 2022.
What the tribunal considered
The tribunal made reasonable efforts to contact the claimant, including phone calls and emails on the day of the hearing, but got no response. The phone number appeared to be out of service. The tribunal noted that the claimant had not contacted anyone since filing the claim — nearly six months earlier.
What the respondent did
Get Set Hire had complied with all directions, prepared witness statements and a bundle, and had witnesses ready. They applied for an Unless Order when the claimant fell silent, which further put him on notice that the claim was at risk.
Why this matters
For anyone considering a tribunal claim, this case is a reminder that the process requires ongoing engagement. If you cannot attend a hearing, you must inform the tribunal in advance and provide a good reason. Silence is treated as abandonment. The tribunal will not keep a claim alive indefinitely, especially when the respondent is ready and waiting to defend itself.
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