What Happens If I Miss a Case Management Hearing?

If you are representing yourself in an Employment Tribunal claim, attending all your scheduled hearings, including the Case Management Hearing (CMH), matters. Missing a CMH can have significant implications for your case.

Immediate Consequences

Failing to attend a CMH without prior notice or a valid reason can lead the tribunal to proceed in your absence. That means decisions about case directions, deadlines and other procedural matters may be made without your input, potentially putting you at a disadvantage.

Potential Risks

• Striking out of a claim or response: persistent non-compliance, or failure to attend hearings, can result in your claim or response being struck out.
• Cost orders: the tribunal may order you to pay costs if your absence causes unnecessary delay or expense to the other party. That is especially likely if the tribunal considers your behaviour unreasonable.

Steps to Take If You Missed a CMH

1. Contact the tribunal immediately: explain the reason for your absence as soon as you can, and provide any supporting evidence, such as a medical certificate or evidence of travel disruption.
2. Request a copy of the orders: ask the tribunal for any orders or directions made at the hearing you missed, so you understand what you now need to do.
3. Comply with directions promptly: even though you missed the hearing, adhere to any deadlines or instructions the tribunal has set, to avoid further complications.
4. Seek advice: if you are unsure about the implications of missing the hearing or how to proceed, consider seeking advice from a legal professional or a support organisation.

Preventative Measures

• Keep your contact details up to date: make sure the tribunal has your current address, phone number and email so you receive all correspondence promptly.
• Note every deadline and hearing date: keep a calendar of all the important dates in your case so you do not miss a hearing.
• Tell the tribunal about conflicts in advance: if you know you cannot attend a scheduled hearing, notify the tribunal as early as possible and ask for it to be rescheduled.