Dismissed without notice: former employee wins breach of contract claim against Xiamen Ason Products
A former employee who was dismissed without notice by Xiamen Ason Products Limited has been awarded £15,495.72 for breach of contract and failure to provide a written statement of particulars.
1 min read · Last updated 18 May 2026
Case details
- #breach-of-contract
- #unfair-dismissal
- #unlawful-deduction-from-wages
- #working-time-regulations
- #statement-of-particulars
Key facts
- The claimant was an employee of the first respondent.
- The claimant did not have the necessary length of service for an unfair dismissal claim.
- The respondent failed to provide a statement of particulars.
- The respondent dismissed the claimant without notice, breaching contract.
- The claimant was awarded damages for breach of contract and failure to provide particulars.
Timeline
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Termination of employment
The claimant was dismissed by the respondent without notice.
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Preliminary hearing
Employment Judge McLaren struck out claims against the second respondent and determined territorial jurisdiction and employee status.
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Liability hearing
Employment Judge O'Neill heard the case and gave oral judgment on liability.
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Written judgment
The written judgment was issued, including the remedy calculation.
The legal issue
The tribunal had to decide whether the claimant was an employee, whether the UK tribunal had jurisdiction, and whether the claimant was entitled to remedies for unfair dismissal, breach of contract, and failure to provide a statement of particulars.
The outcome
The tribunal ruled in favour of the claimant on breach of contract and failure to provide a statement of particulars. The unfair dismissal claim was dismissed because the claimant did not have the required length of service.
Key reasons:
- The claimant was an employee and the tribunal had territorial jurisdiction.
- The respondent dismissed the claimant without notice, breaching the contract.
- The respondent failed to provide a written statement of particulars.
Compensation:
- Breach of contract: £14,445.72 (converted from $18,000 at 0.80254 GBP/USD)
- Failure to provide particulars: £1,050 (statutory cap)
- Total: £15,495.72
Lessons & takeaways
- Even if you lack the service length for an unfair dismissal claim, you may still have a claim for breach of contract if dismissed without notice.
- Employers must provide a written statement of particulars within two months of employment; failing to do so can result in a penalty of up to two weeks' pay.
- If your employer does not attend the hearing, the tribunal can still proceed and make a decision based on the evidence before it.
- Damages for breach of contract can be awarded in a foreign currency and converted to GBP at the date of termination.
A dismissal without notice leads to a breach of contract claim
This case shows that even when an unfair dismissal claim fails due to insufficient service, an employee may still succeed with a breach of contract claim if they were dismissed without notice. The former employee, who represented herself, brought claims against Xiamen Ason Products Limited after being dismissed on 30 March 2020 without any notice period. The respondent did not attend the hearing, but the tribunal proceeded and found in the claimant's favour on two key points.
What the employer could have done differently
The employer could have avoided liability by providing contractual notice or payment in lieu of notice. Additionally, providing a written statement of particulars within the statutory timeframe would have prevented the separate award of £1,050. The tribunal noted that the respondent failed to engage with the proceedings, which may have contributed to the outcome.
Why this matters for similar claims
This case is a reminder that employment rights extend beyond unfair dismissal. Employees with less than two years' service (the usual qualifying period) can still bring claims for breach of contract, unlawful deductions from wages, and failure to provide a statement of particulars. The tribunal also confirmed that it has territorial jurisdiction over employees who work abroad for a UK-based employer, provided certain conditions are met. The total award of £15,495.72 reflects the compensation for the notice period and the statutory penalty for the missing particulars.
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