Dismissed for asking about unpaid wages: an automatically unfair dismissal

A short service, but strong protections

This case shows that even employees with very short service (just over four months) can bring successful claims for automatically unfair dismissal and unauthorised deductions. The claimant, an autobody technician, was dismissed shortly after asking for his outstanding wages and payslips. The tribunal found that this was automatically unfair because the reason for dismissal was the assertion of a statutory right — the right to be paid and to receive itemised pay statements.

What the employer did wrong

Castleman EV Ltd failed to attend the hearings and did not respond to the claims. The tribunal noted that the respondent had made a series of unauthorised deductions: paying the claimant £2 per hour less than agreed when he moved sites, underpaying December wages, and failing to pay January wages at all. The employer also did not provide written particulars of employment or payslips. These failures meant the claimant could not easily check his pay or understand his terms.

Why the result matters

The case is a reminder that the right to be paid lawfully and to receive basic employment documents is fundamental. The tribunal awarded a total of £2,913.82 for the unauthorised deductions, plus additional sums for breach of contract, holiday pay, and failure to provide written particulars. Although the claimant's service was short, the automatic unfair dismissal finding (under section 104 of the Employment Rights Act 1996) meant he did not need the usual two-year qualifying period. This underlines that employees who are dismissed for asserting their statutory rights are protected from day one.