Unfair dismissal and age harassment: employer fails to defend claim
A former employee was awarded £34,204 after being unfairly dismissed and harassed due to his age. The employer did not attend the hearing or file a response.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was unfairly dismissed.
- The claimant was harassed related to his age.
- The respondent did not attend the hearing and filed no response.
- The claimant's claims for notice pay, unlawful deduction, and redundancy were dismissed.
- The total award was £34,204.16.
Timeline
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Date of discrimination
The age-related harassment occurred on this date.
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Prescribed period start
Start of the prescribed period for recoupment.
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Loss of earnings start
Start date for calculation of past loss of earnings.
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Hearing and judgment
The employment tribunal hearing took place and judgment was given.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, harassed related to age, and entitled to damages for breach of contract (holiday pay and expenses).
The outcome
The tribunal found in favour of the claimant on unfair dismissal, age harassment, and breach of contract claims. The employer did not attend the hearing or file a response, so the claims were largely undefended.
Compensation breakdown:
- Basic award: £2,284.61
- Compensatory award: £26,400 (capped at 52 weeks' pay)
- Age harassment (injury to feelings): £2,000 plus interest of £447.65
- Holiday pay: £3,045.90
- Expenses: £26.00
- Total: £34,204.16
Lessons & takeaways
- Employers who ignore tribunal proceedings risk having default judgments made against them, often resulting in higher awards.
- Age-related harassment can lead to separate compensation for injury to feelings, on top of unfair dismissal awards.
- Statutory caps on compensatory awards for unfair dismissal (currently the lower of £26,400 or 52 weeks' pay) may limit the total payout.
- Claims for holiday pay and expenses can be brought as breach of contract claims in the employment tribunal.
This case shows what can happen when an employer fails to engage with tribunal proceedings. The former employee brought claims for unfair dismissal, age harassment, and breach of contract. The employer did not attend the hearing or file a response, leaving the tribunal to decide based on the claimant's evidence.
What the tribunal found
The tribunal found that the claimant was unfairly dismissed and had been harassed on the grounds of his age. It also upheld claims for unpaid holiday pay and expenses. The total award of £34,204 included compensation for injury to feelings from the harassment, as well as the unfair dismissal award.
What the employer could have done differently
Had the employer participated, they might have been able to challenge the claims or reduce the compensation. By failing to respond, they lost the opportunity to present their side. Employers facing tribunal claims should always seek legal advice and engage with the process.
Why this matters
This case is a reminder that tribunals will proceed even if the employer does not attend. Claimants who have strong evidence may still succeed, but the absence of a defence often leads to higher awards. It also highlights that age discrimination claims can be brought alongside unfair dismissal, with separate compensation for injury to feelings.
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