Head chef dismissed after walking out: short-service claim fails
A head chef who stopped attending work after a dispute over hours and overtime was dismissed for unauthorised absence. The tribunal struck out his unfair dismissal claim due to insufficient service and rejected his remaining pay claims.
1 min read · Last updated 18 May 2026
Case details
- #head-chef
- #short-service
- #overtime-dispute
- #unauthorised-absence
- #summary-dismissal
- #holiday-pay
Key facts
- The claimant started work on 25 October 2021 as Head Chef/Kitchen Manager.
- The claimant stopped attending work after 15 November 2021 and did not return.
- The claimant worked for another employer during the week of 15-21 November 2021.
- The respondent dismissed the claimant with effect from 1 January 2022 following a disciplinary hearing in his absence.
- The respondent paid the claimant £942.29 on 31 December 2022 for underpaid wages and holiday pay.
- The claimant's unfair dismissal claim was struck out due to insufficient service.
Timeline
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Employment start date
The claimant began work as Head Chef/Kitchen Manager for United Kitchen Concepts Ltd.
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First pay received
The claimant was paid £828.97 net for his first period of work.
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Claimant messages about long hours
The claimant messaged Mr El Jammal saying he had worked open to close the previous week and requested a day off.
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Claimant leaves early
The claimant left work at 08:24 after Mr El Jammal gave him the day off. The claimant had said he needed to leave at 16:00 for a hospital appointment with his child.
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Claimant asks about rota
The claimant messaged Mr El Jammal asking if he was on the rota; Mr El Jammal replied it was fine and he would call later.
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Claimant stops attending work
The claimant did not attend work and remained absent without authorisation.
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Mr El Jammal requests meeting
Mr El Jammal messaged the claimant asking to meet; the claimant prevaricated and did not attend.
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Claimant says he is unavailable until after New Year
The claimant told Mr El Jammal his next free day was after 1 January 2022, indicating he would not return to work.
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Claimant proposes settlement
The claimant offered to leave if paid a month's salary and a week's notice; Mr El Jammal did not agree.
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Disciplinary hearing invitation
Mr El Jammal wrote to the claimant inviting him to a disciplinary hearing on 29 December for unauthorised absence.
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Summary dismissal
The claimant was summarily dismissed with effect from 1 January 2022 after failing to attend the disciplinary hearing.
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Claim lodged
The claimant lodged claims for unlawful deduction from wages, holiday pay, notice pay, and unfair dismissal.
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Unfair dismissal struck out
The unfair dismissal claim was struck out due to insufficient continuous service.
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Payment of £942.29
The respondent paid the claimant £942.29 net for underpaid wages and accrued holiday pay.
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Final hearing
The remaining claims were heard by Employment Judge Norris at East London Hearing Centre.
The legal issue
The tribunal had to decide whether the claimant was entitled to additional pay for overtime, holiday pay, and notice pay, and whether the claims were brought in time.
The outcome
The tribunal dismissed all of the claimant's remaining claims.
- The unfair dismissal claim was struck out early because the claimant had less than two years' continuous service, which is the minimum required to bring such a claim.
- The respondent had already paid £942.29 for underpaid wages and holiday pay, which the tribunal accepted as sufficient.
- The claim for notice pay failed because the claimant was summarily dismissed for gross misconduct (unauthorised absence), and no notice was due.
- Claims for overtime were not supported by sufficient evidence.
Lessons & takeaways
- Employees with less than two years' continuous service generally cannot claim unfair dismissal, unless the dismissal is for an automatically unfair reason.
- If you walk out and refuse to return, your employer may treat this as a resignation or dismiss you for gross misconduct, losing any right to notice pay.
- Keep clear records of hours worked and any agreement about overtime if you expect to be paid for extra time.
- Engage with your employer's disciplinary process — failing to attend a hearing can weaken your position significantly.
A short-lived role ends in dispute
The claimant worked as a head chef and kitchen manager for just a few weeks before a disagreement over long hours and overtime led him to stop attending work. After leaving early on 15 November 2021 for a child's hospital appointment, he never returned. Messages show he told his boss he was unavailable until after New Year and even proposed a settlement to leave. The employer dismissed him summarily on 1 January 2022 for unauthorised absence.
Why the claims failed
Because the claimant had been employed for less than two years, his unfair dismissal claim was automatically struck out — the law requires two years' continuous service for most unfair dismissal claims. The remaining claims for unpaid wages, holiday pay and notice pay were heard but ultimately dismissed. The tribunal found that the £942.29 already paid by the employer covered the underpaid wages and accrued holiday. The claim for notice pay failed because the dismissal was for gross misconduct, and overtime claims lacked evidence.
What this means for similar cases
This case is a reminder that employment rights are not automatic from day one. Workers with short service are particularly vulnerable if a relationship breaks down quickly. The best protection is to stay in communication with your employer, attend any meetings, and keep clear records of hours and agreements. If you leave without authorisation, you risk losing your job and any entitlement to notice pay — and without two years' service, you have no unfair dismissal safety net.
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