Former employee ordered to pay £196 after counterclaim succeeds

A case of competing claims

This case shows what can happen when an employment relationship ends badly and both sides have grievances. The former employee claimed unfair dismissal and unpaid wages, but the employer responded with a counterclaim for breach of contract, alleging the employee had caused damage to property and equipment.

The service qualification hurdle

The employee's unfair dismissal claim was doomed from the start because they had only worked for The Black Dog Saloon Limited for about six months. Under UK law, employees generally need two years' continuous service to bring an ordinary unfair dismissal claim. This is a strict legal requirement that the tribunal cannot waive.

The counterclaim succeeded

The employee did not attend the hearing, but the tribunal proceeded in their absence. The employer's director gave evidence that was accepted as reliable. The tribunal found the employee had breached their duty to take reasonable care of the employer's property, awarding £2,446.07 for various items including a damaged laptop, drinks equipment, and replacement locks. This was more than the £2,249.92 the employer admitted owing for wages, notice pay, holiday pay and expenses.

What this means for similar cases

The result is a net judgment of £196.15 payable by the employee to the employer. This case highlights the importance of attending tribunal hearings and the risk that an employer's counterclaim can wipe out or exceed any sums owed to the employee. It also shows that employers can recover losses if they can prove the employee caused damage or failed to take reasonable care of property.