Dismissed after failing to attend hearing: indirect sex discrimination claim lost
A tribunal dismissed a former employee's indirect sex discrimination claim after she lost telephone connection during a preliminary hearing. Her unfair dismissal claim had already been struck out for lack of two years' service.
1 min read · Last updated 18 May 2026
Case details
- #less-than-two-years-service
- #indirect-sex-discrimination
- #failure-to-attend
- #single-parent
- #weekend-working
Key facts
- The claimant was employed by Khlaxon Ltd for less than two years.
- The claimant was dismissed after being unable to work a weekend shift.
- The claimant had secured a new job about six weeks after dismissal.
- The claimant failed to attend the preliminary hearing after losing telephone connection.
- The respondent's requirement to work weekends may have indirectly discriminated against female employees with childcare responsibilities.
Timeline
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Dismissal
The claimant was dismissed from her role at Khlaxon Ltd's One Stop store after being unable to work a weekend shift.
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Unfair dismissal struck out
Employment Judge D N Jones struck out the unfair dismissal complaint due to lack of two years' service.
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Respondent sent agenda and bundle
The respondent emailed the claimant an agenda and bundle for the preliminary hearing.
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Preliminary hearing
The claimant dialled in but lost connection; after waiting, the tribunal dismissed the discrimination claim for non-attendance.
The legal issue
The tribunal had to decide whether to dismiss the claimant's indirect sex discrimination claim after she failed to attend the preliminary hearing, and whether the unfair dismissal claim should be struck out for insufficient service.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service, which is required to bring such a claim. The discrimination claim was dismissed after the claimant lost telephone connection during the hearing and did not return, despite the tribunal's efforts to contact her.
- Unfair dismissal: struck out (no jurisdiction)
- Indirect sex discrimination: dismissed for non-attendance
- No compensation awarded
Lessons & takeaways
- If you have less than two years' service, you generally cannot claim unfair dismissal unless the reason is automatically unfair (e.g., whistleblowing).
- Indirect sex discrimination claims can be brought even with short service, but you must attend all hearings and maintain contact with the tribunal.
- If you lose connection during a telephone hearing, try to dial back in immediately or contact the tribunal as soon as possible to explain.
- Tribunals may dismiss a claim if you fail to attend, even if the reason is beyond your control, unless you apply for reconsideration promptly.
This case shows the procedural hurdles that can derail a discrimination claim, even when the underlying complaint has merit. The former employee, who worked 12 hours a week at a One Stop store, was dismissed after she could not work a weekend shift. She argued that the requirement to work weekends indirectly discriminated against female employees with childcare responsibilities — a claim the tribunal acknowledged was 'just about arguable'.
However, the claim collapsed at the preliminary hearing stage. The claimant lost telephone connection and did not return, despite the tribunal clerk leaving a voicemail. The judge concluded she had likely decided to abandon the claim, noting she had already found a new job. The unfair dismissal claim had already been struck out because she had less than two years' service.
What the respondent did right
Khlaxon Ltd sent the claimant an agenda and bundle ahead of the hearing, and its counsel attended. The tribunal noted that the respondent had a legitimate interest in resolving the claim, and that continuing without the claimant would waste resources and cause strain.
What the claimant could have done differently
If the claimant had re-established contact after the disconnection, the tribunal might have adjourned rather than dismissed. She could also have applied for reconsideration, explaining why she could not attend. But the judge observed that her new job and short hours made it understandable that she chose to move on.
Why this matters
This case is a reminder that employment rights often depend on service length and attendance at hearings. Even a potentially arguable discrimination claim can be lost through procedural missteps. Anyone considering a tribunal claim should ensure they can commit to the process, including attending all hearings and maintaining reliable communication.
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