Unfair dismissal win after employer fails to attend tribunal
A former employee with five years' service was awarded £4,505 after his employer failed to defend the claim. His discrimination claim was dismissed for lack of evidence.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #sex-discrimination
- #failure-to-attend
- #debarred-respondent
- #no-evidence
Key facts
- The claimant was dismissed on 16 May 2022 after 5 years of employment.
- The respondent was debarred and did not participate in proceedings.
- The claimant failed to provide evidence to support his discrimination claim.
- The claimant was unemployed for one month after dismissal.
- The claimant found a new job earning £1,750 per month net.
Timeline
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Employment started
Claimant began working for the respondent.
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Dismissal
Claimant was dismissed from employment.
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End of prescribed period
The period to which the prescribed element of compensation is attributable ends.
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First final hearing postponed
Employment Judge Robin Lewis postponed the final hearing to 12 July 2023.
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Claimant applied for postponement
Claimant applied to postpone the 12 July hearing due to being out of the country.
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Postponement application rejected
Tribunal administrative officer informed claimant that his application could not be considered as it was not copied to the respondent.
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Final hearing and judgment
Regional Employment Judge Foxwell heard the case on papers and issued judgment.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether he suffered discrimination because of marriage or civil partnership.
The outcome
The tribunal decided the claimant was unfairly dismissed because the respondent, Entain Marketing (UK) Limited, was debarred and provided no evidence of a fair reason for dismissal.
The claimant's discrimination claim was dismissed because he failed to provide any evidence that he was married or in a civil partnership, despite being ordered to do so.
Compensation:
- Basic award: £2,855
- Compensatory award: £1,650
- Total: £4,505
Lessons & takeaways
- If your employer fails to engage with tribunal proceedings, you may still need to prove your own case, especially for discrimination claims.
- Tribunals can proceed with a hearing even if you cannot attend, provided they have enough paperwork to decide the case.
- For a discrimination claim, you must provide evidence of the protected characteristic (e.g., marriage certificate) – the tribunal cannot assume it.
- Compensation for unfair dismissal is capped by a statutory formula based on your age, length of service, and weekly pay.
When the employer stays silent
This case shows what can happen when an employer decides not to defend a tribunal claim. The former employee, who had worked for Entain Marketing (UK) Limited for five years, was dismissed in May 2022. The company was debarred from participating, meaning it took no part in the proceedings. As a result, the tribunal had to decide the case based only on the employee's claim form.
A mixed result for the claimant
The tribunal found the dismissal unfair because the employer offered no evidence of a potentially fair reason. However, the employee's discrimination claim – based on marriage or civil partnership – was dismissed. He had been ordered to provide evidence that he was married or in a civil partnership, but he failed to do so. The tribunal noted that without that evidence, the claim could not succeed.
What could have been done differently
The employee could have strengthened his case by complying with the tribunal's order to provide evidence for his discrimination claim. Even if the employer is absent, the burden of proof for discrimination remains on the claimant. For the unfair dismissal claim, the employer's silence made it straightforward, but the employee still had to show he was dismissed and that his claim was in time.
Why this matters
This case is a reminder that tribunals can proceed without you if you fail to attend or comply with orders. It also highlights that discrimination claims require solid evidence from the outset. For employees considering a claim, it's essential to gather supporting documents early and follow tribunal directions carefully.
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