Cleaner dismissed for raising unpaid wages: a warning on asserting statutory rights

A cleaner's complaint about unpaid wages led to her dismissal

The case shows how an employer's attempt to reframe a dismissal as misconduct can unravel when the real reason is a protected act. The cleaner, who had worked for Clearlake Cleaning Ltd for over four years, raised concerns about unpaid wages in February and March 2022. After she sent a detailed email on 14 March, the employer did not respond. Three days later, she was dismissed in a morning meeting, with the employer later claiming she had stolen keys.

The tribunal found that the principal reason for dismissal was her assertion of her statutory right not to suffer unlawful deductions. The employer's conduct reason was not genuine – the keys issue had not been raised before the dismissal meeting, and the cleaner had legitimately held keys as part of her supervisor role.

What the employer could have done differently

The employer could have avoided this claim by responding to the cleaner's wage concerns and following a proper disciplinary process. Instead, they dismissed her orally without any investigation, then sent a dismissal email with a different reason. The tribunal noted the employer's failure to follow the ACAS Code, resulting in a 25% uplift on the compensatory award. Providing key policies only in English, when the cleaner's first language was Spanish, also undermined the fairness of the process.

Why this matters for similar claims

This case reinforces that employees who raise concerns about unlawful deductions are protected from dismissal or detriment. The 'principal reason' test means that even if an employer can point to other conduct, the tribunal will look at the real motive. For employees in similar situations, keeping records of complaints and responses – or lack of them – is crucial. The ACAS uplift also highlights the importance of employers following proper procedures, especially when dealing with vulnerable workers.