Constructive dismissal and disability discrimination: employer penalised for unauthorised deductions and failure to provide written statement
A former employee with less than two years' service won over £11,000 after being constructively dismissed and discriminated against due to his disability. The tribunal found the employer made unauthorised deductions and failed to provide a written statement of employment particulars.
1 min read · Last updated 19 May 2026
Case details
- #unauthorised-deduction
- #constructive-dismissal
- #disability-discrimination
- #injury-to-feelings
- #written-statement-breach
Key facts
- The claimant was employed by the respondent for less than two years.
- The respondent made an unauthorised deduction of £725.88 from the claimant's wages.
- The claimant was constructively dismissed in breach of contract.
- The claimant was treated unfavourably for a reason arising in consequence of his disability.
- The respondent failed to provide a written statement of employment particulars.
Timeline
-
Claimant's employment ended
The claimant left employment, giving rise to claims.
-
Unfair dismissal complaint struck out
Employment Judge C Sharp struck out the unfair dismissal complaint due to insufficient service.
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Final merits hearing day 1
The hearing began with the respondent conceding the unlawful deduction claim. The respondent's witness was absent, leading to a refused postponement.
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Final merits hearing day 2 and judgment
The tribunal issued its judgment, awarding the claimant £11,014.41 in total.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed, whether the respondent made unauthorised deductions, whether the claimant was discriminated against because of disability, and whether the respondent failed to provide a written statement of employment particulars.
The outcome
The tribunal upheld claims of constructive dismissal, unauthorised deduction of wages, discrimination arising from disability, and failure to provide a written statement. The unfair dismissal claim was struck out due to insufficient service.
Compensation breakdown:
- Unauthorised deduction: £725.88
- Accrued annual leave: £227.77
- Wrongful dismissal (1 week's pay): £523.40
- Financial loss from discrimination: £3,650.72
- Injury to feelings: £3,500.00
- Interest on injury to feelings: £293.04
- Breach of written statement duty (4 weeks' pay): £2,093.60
- Total: £11,014.41
Lessons & takeaways
- Even with less than two years' service, employees can bring claims for constructive dismissal, discrimination, and unauthorised deductions.
- Employers must provide a written statement of employment particulars; failure to do so can result in additional compensation of up to four weeks' pay.
- Disability discrimination claims can succeed even if direct discrimination is not proven, if the treatment arises from something connected to the disability.
- Unauthorised deductions from wages are a breach of contract and can be claimed regardless of length of service.
A case of multiple failures
This case shows how a single employment relationship can give rise to several different legal claims. The former employee, who had worked for Together Stronger (South Wales) Ltd. for less than two years, brought complaints of constructive dismissal, unauthorised wage deduction, disability discrimination, and failure to provide a written statement. The tribunal found in his favour on all but the direct discrimination claim.
What the employer did wrong
The employer made an unauthorised deduction of £725.88 from wages and failed to pay accrued annual leave of £227.77. More significantly, the employee was constructively dismissed – meaning the employer's conduct was so serious that the employee was entitled to resign in response. The tribunal also found that the employee was treated unfavourably because of something arising from his disability, amounting to discrimination. On top of this, the employer did not provide a written statement of employment particulars, a basic legal requirement.
The compensation awarded
The tribunal awarded a total of £11,014.41, including £3,500 for injury to feelings, £3,650.72 for financial loss from discrimination, and £2,093.60 for the breach of the duty to provide a written statement. The wrongful dismissal award was one week's pay at £523.40. Interest was also added on the injury to feelings award.
What this means for similar claims
This case highlights that even short-service employees have significant protections. Employers cannot ignore their obligations to provide written particulars, make unauthorised deductions, or treat employees unfavourably because of disability. For employees, it shows the importance of bringing all possible claims together – the cumulative compensation can be substantial.
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