Claimant won £109,363 awarded Employment Tribunal · 8 December 2022

Employer who ignored tribunal claims hit with £109,000 default judgment

A former employee with just two years' service has been awarded £109,363 after her employer failed to respond to her unfair dismissal, wrongful dismissal, and unlawful deductions claims.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed from 1 November 2019 to 5 January 2022.
  • The respondent did not file a response to the claims.
  • The respondent was prevented from participating in the hearing.
  • The tribunal found the claimant was unfairly dismissed.
  • The tribunal found the claimant was wrongfully dismissed.
  • The respondent made unlawful deductions from wages and failed to pay holiday pay.

Timeline

  1. Employment started

    Ms Owens began employment with Seewoo Foods (Greenwich) Limited.

  2. Effective date of termination

    Ms Owens' employment ended.

  3. Judgment hearing

    The tribunal heard the case and issued judgment in favor of the claimant.

The outcome

The tribunal ruled entirely in favour of the claimant, finding that she was unfairly and wrongfully dismissed, and that the employer had made unlawful deductions from wages and failed to pay holiday pay.

The total award of £109,363.48 comprises:

  • Basic award: £1,632
  • Wrongful dismissal damages: £18,238.48
  • Compensatory award (including immediate and future loss, holiday pay, unlawful deductions): £97,640.98 (after a 25% uplift for failure to follow the ACAS Code of Practice)

Lessons & takeaways

  • Employers must respond to tribunal claims within the deadline or risk a default judgment where all claims are automatically accepted.
  • The ACAS Code of Practice on disciplinary and grievance procedures applies to all employers; failing to follow it can increase compensation by up to 25%.
  • Even short-serving employees (under 2 years) can bring claims for wrongful dismissal and unlawful deductions, which are not subject to the usual qualifying period.
  • Unpaid holiday pay and unlawful deductions claims can be brought alongside unfair dismissal, and tribunals will award compensation for all proven losses.

This case shows what can happen when an employer simply ignores employment tribunal proceedings. The former employee, who had worked for Seewoo Foods (Greenwich) Limited for just over two years, brought claims for unfair dismissal, wrongful dismissal, unpaid holiday pay, and unlawful deductions from wages. The employer did not file a response and did not attend the hearing, leaving the tribunal with no choice but to accept the claimant's evidence and award substantial compensation.

What the employer could have done differently

Had the employer engaged with the process, it could have challenged the claims or negotiated a settlement. By ignoring the proceedings, it lost the opportunity to present any defence. The tribunal also applied a 25% uplift to the compensatory award because the employer failed to follow the ACAS Code of Practice on disciplinary and grievance procedures. This uplift added nearly £20,000 to the total.

Why this result matters

This case is a reminder that employment tribunal claims cannot be ignored. Even if an employer believes a claim has no merit, failing to respond leads to a default judgment. The compensation awarded here includes not only the basic and compensatory awards for unfair dismissal but also damages for wrongful dismissal (pay in lieu of notice) and sums for unpaid holiday pay and unlawful deductions. The total of over £109,000 reflects the full extent of the claimant's losses, including the ACAS uplift.

For employees, this case shows that even with relatively short service, it is possible to recover significant sums if the employer fails to engage with the process. However, it also highlights the importance of keeping detailed records of pay and deductions, as these were key to the unlawful deductions claim.

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