Dismissed after asserting rights to payslips and pay: charity employee's unfair dismissal claim fails but wage claims succeed
An employee of a charity who complained about not receiving payslips and incorrect pay was dismissed soon after. The tribunal found the dismissal was not automatically unfair, but upheld claims for unlawful wage deductions and notice pay, awarding £6,309.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant started employment on 1 January 2020 as per his contract.
- The claimant left for India on 27 June 2020 at the respondent's request.
- The respondent sent a termination letter dated 3 August 2020.
- The claimant asserted statutory rights regarding payslips and pay on 9 July and 24 July 2020.
- The respondent made deductions from wages for employment costs without the claimant's consent to deduction.
- The respondent failed to provide written particulars of employment.
Timeline
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Contract signed
The claimant signed a contract of employment with the respondent, with a start date of 1 January 2020.
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Employment started
The claimant began employment as per the contract.
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Sexual harassment allegation received
The respondent received a serious allegation of sexual harassment against the claimant from an individual referred to as S.
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Claimant left for India
The claimant left the UK for India at the respondent's request, sending a WhatsApp message indicating he would return.
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First assertion of statutory right
The claimant emailed the respondent complaining about not receiving payslips.
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Second assertion of statutory right
The claimant wrote to the respondent complaining about incorrect pay and lack of payslips.
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Termination letter sent
The respondent sent a letter terminating the claimant's employment for leaving the UK.
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Claim presented
The claimant presented claims for unfair dismissal, discrimination, redundancy payment, notice pay, and unpaid wages.
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Preliminary hearing
Employment Judge Reid heard applications to strike out and for a deposit order, issuing a reserved judgment.
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Final hearing day 1
The final hearing began before Employment Judge Burgher and members.
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Final hearing concluded
The tribunal issued its judgment, dismissing the unfair dismissal claim but upholding the unlawful deduction and notice pay claims.
The legal issue
The tribunal had to decide whether the employee was automatically unfairly dismissed for asserting a statutory right (which does not require two years' service) and whether the employer unlawfully deducted wages and failed to provide notice pay.
The outcome
The tribunal partially upheld the employee's claims.
- Unfair dismissal claim: Dismissed. The employee had less than two years' service and the tribunal found that the principal reason for dismissal was not the assertion of statutory rights but the employee's departure from the UK.
- Unlawful deduction from wages: Upheld. The employer deducted employment costs from wages without the employee's consent.
- Notice pay: Upheld. The employer failed to provide the required notice.
- Compensation: Total award of £6,309.03, comprising:
- Unlawful deduction: £2,418 (the amount deducted)
- Notice pay: £2,891.03
- ACAS uplift of 25% for failure to provide written particulars: £1,000
- Other claims: Claims for discrimination and redundancy payment were struck out or dismissed.
Lessons & takeaways
- Employees with less than two years' service can still bring claims for automatic unfair dismissal if the reason is an assertion of a statutory right, but the burden is on the employee to show that right was the principal reason.
- Employers must obtain written consent before making deductions from wages, even if the employee agreed in the contract to reimburse costs.
- Failure to provide written particulars of employment can lead to an ACAS uplift of up to 25% on compensation.
- Asserting statutory rights (e.g., requesting payslips) is protected, but if the employer has another genuine reason for dismissal, the claim may fail.
A short-lived role, a trip to India, and a dismissal
This case involves an employee who worked for a charity for just a few months in 2020. After a serious allegation of sexual harassment was made against him, the employer asked him to leave the UK and return to India. While in India, the employee emailed twice complaining that he had not received payslips and that his pay was incorrect. Shortly after, the employer sent a termination letter, citing his departure from the UK as the reason for dismissal.
The employee brought claims for automatic unfair dismissal (assertion of a statutory right), unlawful deduction from wages, notice pay, and other claims. Because he had less than two years' service, he could only pursue an unfair dismissal claim if he could show that the principal reason for his dismissal was the assertion of a statutory right – in this case, the right to receive payslips and correct pay.
What the tribunal decided
The tribunal dismissed the unfair dismissal claim. It found that the employer's reason for dismissal was the employee's departure from the UK, not his complaints about payslips. The employee had not shown that the assertion of statutory rights was the principal reason. However, the tribunal upheld the claims for unlawful deduction from wages and notice pay. The employer had deducted employment costs from the employee's wages without his consent, and had failed to give proper notice.
The tribunal also noted that the employer had not provided written particulars of employment. This led to an ACAS uplift of 25% on the compensation.
What this means for similar claims
This case highlights the difficulty of proving automatic unfair dismissal for asserting a statutory right when the employer has another plausible reason for dismissal. Employees with less than two years' service should be aware that the protection is not automatic – they must show that the statutory right was the real reason. On the other hand, the case is a reminder that employers cannot make deductions from wages without clear consent, and must provide written particulars. The ACAS uplift shows that failing to meet basic employment obligations can increase compensation.
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