Whistleblowing claim struck out after claimant fails to attend hearing
A former employee's whistleblowing unfair dismissal claim was dismissed after he failed to attend a preliminary hearing and emailed the tribunal saying he had a new job and did not want to lose it by being a whistleblower.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant did not attend the preliminary hearing on 12 May 2023.
- The claimant emailed the tribunal stating he got a job and did not want to lose it by being a whistleblower.
- The claimant had previously indicated in an email on 28 February 2023 that he did not want to proceed with the tribunal.
- The respondent had applied to strike out the claim.
- The tribunal dismissed the claim under Rule 47 for failure to attend.
Timeline
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Initial hearing postponed
The case was initially listed for a Preliminary Case Management Hearing but was postponed.
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Postponement letter sent
Employment Judge Leach postponed the hearing and converted it to a one-day public preliminary hearing to consider strike out application.
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Claimant email indicating withdrawal
The claimant emailed the tribunal stating he would not settle and was not going further with the tribunal.
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Listing confirmation by EJ Batten
Employment Judge Batten confirmed the hearing would address clarification of claims, amendment application, and strike out application.
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Preliminary hearing and dismissal
The claimant did not attend. After email exchanges, the tribunal dismissed the claim under Rule 47 for failure to attend.
The legal issue
The tribunal had to decide whether to dismiss the claim for the claimant's failure to attend a preliminary hearing, given his emails suggesting he no longer wished to pursue the case.
The outcome
The tribunal dismissed the claim in its entirety for failure to attend the hearing.
The key reason was that the claimant made a conscious decision not to attend, despite being fully aware of the hearing. He had previously indicated he did not want to proceed, and on the day he emailed to say he had a new job and did not want to lose it by being a whistleblower. The tribunal considered postponement but found no good reason to do so.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you no longer wish to pursue a tribunal claim, formally withdraw it in writing to avoid a strike-out for non-attendance.
- Failing to attend a hearing without a good reason can lead to your claim being dismissed, even if you have previously indicated you want to proceed.
- Employment tribunals expect claimants to engage with the process; ignoring hearings or sending ambiguous emails can result in losing your case without a decision on the merits.
This case shows how a tribunal claim can come to an abrupt end when a claimant disengages from the process. The former employee had brought a whistleblowing unfair dismissal claim against Avensis Support Limited, but after obtaining a new job, he emailed the tribunal saying he did not want to lose it by being a whistleblower. He failed to attend a preliminary hearing that was set to clarify his claims and consider a strike-out application by the employer.
What the tribunal decided
Employment Judge Mark Butler dismissed the claim under Rule 47 for failure to attend. The tribunal had tried to contact the claimant on the morning of the hearing, and he replied saying he had a job and was not willing to lose it. When asked to confirm if he was withdrawing, he simply asked the judge to look at everything he had sent. The judge noted that the claimant had previously emailed in February 2023 saying he was not going further with the tribunal. The tribunal decided not to postpone the hearing and dismissed the claim.
What the employer did right
Avensis Support Limited had applied to strike out the claim early on, and the tribunal had scheduled a one-day hearing to deal with that application. The employer attended the hearing with a solicitor, ready to proceed. The tribunal acknowledged that the claimant had made a conscious decision not to attend, and that his attendance was necessary.
Why this matters for similar claims
This case is a reminder that tribunal claims require active participation. If you lose interest, get a new job, or decide the process is not for you, it is better to formally withdraw your claim than to simply stop engaging. A strike-out for non-attendance can have consequences, such as a costs application from the employer. Here, the tribunal reserved the employer's right to apply for costs, which could have been avoided with a clear withdrawal.
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