Respondent won Employment Tribunal · 27 April 2023

Warehouse operative dismissed after stopping work over child maintenance deduction

A warehouse operative with five months' service who stopped attending work after a child maintenance deduction from his wages was fairly dismissed for gross misconduct. The tribunal rejected all claims of unauthorised deductions and wrongful dismissal.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed as a warehouse operative from 5 October 2021 to 11 March 2022.
  • The respondent deducted child maintenance payments from the claimant's wages following a DWP Deduction from Earnings Order.
  • The claimant stopped attending work on 21 December 2021 and did not provide sick notes.
  • The claimant was summarily dismissed for gross misconduct due to unauthorised absence.
  • The claimant returned a wage payment because it came from a bank account named 'Lidl UK Ltd' rather than 'Lidl Great Britain Limited'.
  • The claimant did not opt out of the pension scheme, so the employee pension contribution was authorised.

Timeline

  1. Employment commenced

    Claimant started work as a warehouse operative at Lidl's Peterborough Regional Distribution Centre.

  2. DWP Deduction from Earnings Order received

    Respondent received a letter from the Child Maintenance Service requiring deductions from the claimant's wages for child maintenance.

  3. First CO payment deducted and claimant stopped attending work

    Respondent deducted £94.79 for child maintenance. Claimant stopped attending work, citing dispute over pay.

  4. Auto-enrolled into pension scheme

    Claimant was automatically enrolled into the respondent's pension scheme.

  5. Subject Access Request

    Claimant emailed respondent requesting a copy of the court order authorising the CO deduction.

  6. Investigation into absence began

    Respondent started investigating claimant's absence from work since 21 December 2021.

  7. Disciplinary hearing (claimant did not attend)

    Disciplinary hearing was held; claimant did not attend despite being offered remote options.

  8. Summary dismissal

    Claimant was dismissed without notice for gross misconduct due to unauthorised absence.

  9. Final CO deduction and holiday pay

    Respondent paid holiday pay and deducted £284.37 for child maintenance (covering Jan-Mar). Claimant returned the net payment.

  10. ACAS early conciliation started

    Claimant contacted ACAS, beginning the early conciliation process.

The outcome

The tribunal dismissed all claims.

  • The child maintenance deduction was authorised by a Deduction from Earnings Order from the Child Maintenance Service, so it was not an unauthorised deduction.
  • The pension contribution was automatically enrolled under the Pensions Act 2008, and the claimant did not opt out, so it was lawful.
  • The claimant stopped attending work on 21 December 2021 without providing sick notes or authorisation. Lidl investigated, held a disciplinary hearing (which the claimant did not attend despite being offered remote options), and summarily dismissed him for gross misconduct. The tribunal held that the dismissal was not wrongful because the claimant's unauthorised absence was a fundamental breach of contract.
  • The claimant's claim that Lidl failed to pay wages was rejected because Lidl paid wages into the claimant's bank account, which he returned because the account name differed from the employer's name. The tribunal found no deduction had occurred.

No compensation was awarded as the respondent won.

Lessons & takeaways

  • Employers must comply with a valid DWP Deduction from Earnings Order; deductions for child maintenance are lawful and cannot be refused by the employee.
  • Auto-enrolment pension contributions are authorised deductions if the employee does not opt out within the statutory period.
  • Stopping work without authorisation or sick notes can amount to gross misconduct, even if the employee disputes a pay issue.
  • Returning a wage payment because of a bank account name discrepancy does not create a claim for unpaid wages if the employer paid correctly.
  • Employees with less than two years' service cannot bring unfair dismissal claims, but may still claim wrongful dismissal if dismissed without notice for a reason that does not justify summary dismissal.

This case shows the limits of an employee's right to challenge deductions from wages when those deductions are required by law. The claimant, a warehouse operative at Lidl's Peterborough distribution centre, stopped attending work after Lidl deducted child maintenance payments from his wages under a DWP order. He argued the deduction was unauthorised because he disputed the underlying liability order, but the tribunal confirmed that employers must comply with such orders regardless of the employee's personal objections.

What the employer did right

Lidl followed a proper process: it investigated the claimant's absence, offered him remote attendance at a disciplinary hearing, and dismissed only after he failed to engage. Because the claimant had less than two years' service, he could not claim unfair dismissal, but the tribunal also rejected his wrongful dismissal claim, finding that his unauthorised absence was a fundamental breach of contract justifying summary dismissal.

The claimant also raised concerns about his wages being paid from an account named 'Lidl UK Ltd' rather than 'Lidl Great Britain Limited'. He returned the payment, but the tribunal held that this was not a deduction—the money was paid and the claimant chose to return it. Similarly, the pension contribution was authorised under the auto-enrolment scheme, which the claimant had not opted out of.

What this means for similar claims

For employees, this case reinforces that disputing a child maintenance order does not justify refusing to work or returning wages. For employers, it confirms that a fair process—even for short-service employees—can defend against wrongful dismissal claims. The key takeaway is that lawful deductions, such as those under a DWP order or pension auto-enrolment, cannot be challenged as unauthorised simply because the employee disagrees with the underlying obligation.

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