Driver dismissed after M25 accident: unfair dismissal win as employer fails to respond
A driver with 7 years' service was unfairly dismissed after a road traffic accident when his employer failed to contest his claims. The tribunal awarded £5,586.99.
1 min read · Last updated 18 May 2026
Case details
- #road-traffic-accident
- #suspension-pending-investigation
- #unfair-dismissal
- #wrongful-dismissal
- #holiday-pay
- #no-response-filed
- #voluntary-liquidation
Key facts
- The claimant was employed as a driver from 6 April 2014 until dismissal on 10 August 2021.
- The claimant was involved in a road traffic accident on or about 5 May 2021 and was suspended on full pay pending investigation.
- The claimant was dismissed with immediate effect on 10 August 2021, told the insurer would no longer insure him.
- The respondent did not file a response and did not attend the hearing.
- The claimant received no notice pay or holiday pay upon dismissal.
- The claimant obtained new self-employed work from 5 October 2021.
Timeline
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Employment started
Claimant began employment as a driver of 7.5 tonne vehicles.
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Road traffic accident
Claimant involved in an accident on the M25 motorway while at work.
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Suspension
Claimant suspended on full pay pending investigation of the accident.
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Dismissal
Claimant dismissed with immediate effect; told insurer would no longer insure him.
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Claim presented
Claimant presented claim for unfair dismissal, wrongful dismissal, holiday pay, and redundancy pay.
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New employment
Claimant started self-employed driver work at higher rate of pay.
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Liability hearing
Tribunal found claims for unfair dismissal, notice pay, and holiday pay well founded.
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Remedy hearing
Tribunal awarded total of £5,586.99 in compensation.
The legal issue
The tribunal had to decide whether the driver was unfairly dismissed, entitled to notice pay, and entitled to holiday pay, given that the employer did not contest the claims and was in voluntary liquidation.
The outcome
The tribunal decided that the driver was unfairly dismissed, and that he was entitled to notice pay and holiday pay.
Key reasons:
- The employer did not file a response or attend the hearing, so the tribunal accepted the claimant's evidence.
- The driver was dismissed without notice or payment in lieu, and was not paid for accrued but untaken holiday.
Compensation:
- Basic award: £2,665.43
- Compensatory award: £625.40
- Total: £5,586.99
Lessons & takeaways
- If your employer fails to respond to a tribunal claim, the tribunal can proceed in their absence and may find in your favour based on your evidence.
- Keep records of your employment terms, including notice periods and holiday entitlement, as these are key to claiming notice pay and holiday pay.
- Dismissal without any investigation or fair process is likely to be unfair, especially if the employer gives no opportunity to explain.
- Even if an employer goes into liquidation, you can still pursue a tribunal claim, but recovery of compensation may be limited.
A driver's dismissal after a road traffic accident
The driver had worked for Halls Distribution Ltd for over seven years when he was involved in an accident on the M25 in May 2021. He was suspended on full pay pending an investigation, but three months later he was dismissed with immediate effect. The employer told him the insurer would no longer cover him, but the driver believed this was a pretext to get rid of him.
The employer did not hold a disciplinary hearing, give the driver a chance to respond, or follow any fair process. The driver received no notice pay and no payment for the holiday he had accrued but not taken.
What the employer could have done differently
If Halls Distribution Ltd had engaged with the process, it could have argued that the dismissal was for a potentially fair reason, such as conduct or some other substantial reason. However, by failing to file a response or attend the hearing, the employer lost any opportunity to defend its actions. A fair process would have included a proper investigation, a meeting with the driver, and consideration of alternatives to dismissal.
Why this case matters
This case shows that even when an employer is in financial difficulty or liquidation, a tribunal can still find a dismissal unfair if the employer does not participate. The driver represented himself and was able to prove his case through his own evidence. The compensation awarded was modest, but it reflects the basic award for length of service and some compensatory loss. For employees in similar situations, it highlights the importance of keeping evidence of employment terms and pursuing claims promptly.
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