Bakery operative awarded £4,569 after employer failed to pay wages, holiday and notice pay
A bakery operative who resigned after being unable to take holiday for two years has been awarded £4,569.60 in unpaid wages, holiday pay and notice pay. The employer did not defend the claim.
1 min read · Last updated 18 May 2026
Key facts
- The claimant worked as a bakery operative from 9 August 2018 until 17 March 2022.
- The claimant resigned on 10 March 2022 to start a new job.
- The respondent did not file a response to the claim and did not attend the hearing.
- The claimant was not paid wages for work done from 27 February to 13 March 2022.
- The claimant had only taken 5 days holiday in two years due to operational needs.
- The respondent failed to pay holiday pay and notice pay on termination.
Timeline
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Employment started
Claimant began working as a bakery operative for Smart Dough Ltd.
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Claimant resigned
Claimant emailed resignation to start a new job on 18 March 2022.
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Respondent acknowledged resignation
Respondent replied stating final pay date would be 26 March 2022.
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Effective date of termination
Tribunal found EDT with notice was 17 March 2022.
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Claimant requested owed money
Claimant contacted respondent about unpaid wages and P45; respondent mentioned liquidators.
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ET1 presented
Claimant brought claims for unfair dismissal, redundancy, notice pay, holiday pay, and arrears.
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Hearing and judgment
Employment Judge S Moore heard the case remotely and issued judgment.
The legal issue
The tribunal had to decide whether the employer had made unauthorised deductions from wages, failed to pay holiday pay on termination, and whether the claimant was entitled to notice pay, redundancy pay, or unfair dismissal compensation.
The outcome
The tribunal ruled in favour of the claimant on the wage and holiday claims, but dismissed the unfair dismissal and redundancy claims because the claimant resigned voluntarily.
Key reasons:
- The employer did not respond to the claim or attend the hearing, so the tribunal accepted the claimant's evidence.
- The claimant was not paid for work done from 27 February to 13 March 2022.
- The claimant had only taken 5 days' holiday in two years due to operational needs; the employer failed to pay accrued holiday on termination.
- The claimant gave one week's notice, so was entitled to notice pay.
Compensation:
- Unpaid wages: £739.20
- Holiday pay: £3,427.20
- Notice pay: £403.20
- Total: £4,569.60
Lessons & takeaways
- Keep a record of all hours worked and any requests for holiday – this evidence is crucial if you need to bring a claim.
- If your employer refuses to let you take holiday due to business needs, you may still be entitled to pay for accrued untaken leave when you leave.
- Employers who fail to respond to tribunal claims risk a default judgment ordering them to pay the full amount claimed.
- Resigning to start a new job usually means you cannot claim unfair dismissal or redundancy, but you can still claim unpaid wages and holiday pay.
What this case shows in practice
This case highlights what can happen when an employer ignores its legal obligations and then ignores a tribunal claim. The claimant, a bakery operative with 3.5 years' service, resigned after being unable to take holiday for two years because of operational needs. The employer not only failed to pay wages for the final weeks of work, but also failed to pay the substantial holiday pay that had built up.
Because the employer did not file a response or attend the hearing, the tribunal accepted the claimant's evidence. This is a common outcome when a respondent fails to engage – the tribunal can make a judgment based on the claimant's version of events.
What the employer could have done differently
The employer could have avoided this claim entirely by paying the wages and holiday pay due on termination. Even if financial difficulties were a factor, engaging with the tribunal process might have allowed for a payment plan or reduced the amount awarded. By ignoring the claim, the employer left the tribunal with no choice but to award the full amount claimed.
Why this result matters
For employees, this case is a reminder that you can still recover unpaid wages and holiday pay even if you resign. The fact that the claimant resigned meant his unfair dismissal and redundancy claims failed, but the tribunal still enforced his basic contractual rights. The large holiday pay award – over £3,400 – shows how quickly untaken leave can accumulate when an employer refuses to allow time off.
For employers, the message is clear: failing to respond to a tribunal claim does not make it go away. It usually results in a default judgment that may be higher than what a defended claim would have produced.
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