Whistleblowing claim dismissed after claimant fails to attend final hearing
A former employee's claim for automatically unfair dismissal and whistleblowing detriment was dismissed after he failed to attend the final hearing. The tribunal provisionally awarded costs of £20,000 to the employer for vexatious conduct.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant lodged a claim for automatically unfair dismissal and whistleblowing detriment on 24 November 2021.
- The claimant did not attend the final hearing on 21 November 2022 and did not contact the tribunal.
- The tribunal dismissed the claim under Rule 47 for non-attendance.
- The tribunal found the claimant's conduct vexatious and unreasonable, and the claim had no reasonable prospect of success.
- The tribunal provisionally awarded costs of £20,000 to the respondents.
Timeline
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Claimant removed from project
The claimant was removed from a project due to performance concerns.
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Alleged protected disclosure
The claimant sent an email which he later claimed was a protected disclosure.
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Further alleged protected disclosure
The claimant sent another email claimed to be a protected disclosure.
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Dismissal
The claimant's employment was terminated due to performance during probation.
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Claim presented
The claimant lodged a claim for automatically unfair dismissal and whistleblowing detriment.
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Preliminary hearing
Case management orders were made, setting the final hearing for 21 November 2022.
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Final hearing
The claimant did not attend; the tribunal dismissed the claim and provisionally awarded costs.
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Judgment sent
The written judgment was sent to the parties.
The legal issue
The tribunal had to decide whether to dismiss the claim due to the claimant's failure to attend the final hearing without explanation, and whether to award costs against him for vexatious or unreasonable conduct.
The outcome
The tribunal dismissed the claim in its entirety because the claimant did not attend the final hearing and did not contact the tribunal despite multiple attempts to reach him. The tribunal found that the claimant had conducted the claim vexatiously and unreasonably, and that the claim had no reasonable prospect of success. It provisionally assessed costs at £20,000, subject to the claimant's submissions on ability to pay.
Lessons & takeaways
- Failing to attend a tribunal hearing without prior notice or explanation can lead to automatic dismissal of your claim.
- Tribunals can award costs against a claimant who acts vexatiously or unreasonably, even if they are unrepresented.
- Claims with little merit risk a costs award if pursued unreasonably, especially after case management orders.
- Always keep the tribunal updated with your contact details and respond to communications to avoid adverse decisions.
What this case shows in practice
This case illustrates the serious consequences of failing to engage with the tribunal process. The former employee, who was still in his probationary period, brought claims for automatically unfair dismissal and whistleblowing detriment after his employment ended. However, when the final hearing arrived, he did not attend and made no contact. The tribunal waited over two hours, making multiple phone calls and sending emails, before proceeding in his absence.
What the losing side could have done differently
The claimant could have attended the hearing or at least contacted the tribunal to explain his absence. Even a last-minute request for an adjournment would have been better than silence. By ignoring the proceedings, he not only lost his claim but also faced a provisional costs order of £20,000. The tribunal noted that his conduct was vexatious and unreasonable, and that the claim had no reasonable prospect of success from the outset.
Why the result matters for similar claims
This case serves as a warning that tribunals will not hesitate to dismiss claims and award costs where a claimant fails to comply with orders or attend hearings. For employees considering a whistleblowing claim, it is essential to engage fully with the process and ensure the claim has a realistic basis. Employers, meanwhile, can take comfort that tribunals have tools to deal with unmeritorious claims pursued in a vexatious manner.
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