Claim dismissed Employment Tribunal · 25 October 2022

Curtain fitter's holiday pay claim dismissed after failing to attend tribunal hearing

A curtain and blind fitter who claimed unpaid holiday pay and fuel expenses had his case dismissed after he failed to attend the final hearing and provided no evidence of any outstanding sums.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed from 1 September 2021 to 3 May 2022 as a curtain and blind fitter.
  • The claimant failed to attend the final hearing and gave no reason.
  • The claimant provided no evidence of any outstanding holiday pay or expenses.
  • The respondent stated that all outstanding monies had been paid.
  • The claimant lacked qualifying service for an unfair dismissal claim, which had already been dismissed.

Timeline

  1. Employment started

    Claimant began working for Billericay Blinds Limited as a curtain and blind fitter.

  2. Employment ended

    Claimant's employment terminated.

  3. Final hearing

    The tribunal heard the case by telephone. The claimant did not attend.

  4. Judgment issued

    Employment Judge Brewer dismissed the claims for unpaid holiday pay and expenses.

  5. Written reasons provided

    Employment Judge Brewer provided written reasons for the judgment.

The outcome

The tribunal dismissed both claims for unauthorised deductions from wages.

The claimant failed to attend the final hearing and gave no reason. He provided no evidence of any outstanding holiday pay or expenses. The respondent said all monies had been paid.

No compensation was awarded because the claims failed entirely.

Lessons & takeaways

  • If you bring a claim, you must attend the hearing or request a postponement in advance — failing to show up can result in your case being dismissed.
  • You need to provide evidence to support your claim, such as payslips, contracts, or correspondence showing what you are owed.
  • Expenses like fuel are not automatically 'wages' under the Employment Rights Act — you must show a contractual right to be paid them.
  • Short-service employees (under two years) cannot bring unfair dismissal claims, but can still bring claims for unpaid wages or holiday pay.

A case that collapsed without evidence

This case shows how important it is to attend a tribunal hearing and to bring evidence to support your claim. The claimant, a curtain and blind fitter who had worked for Billericay Blinds Limited for just eight months, alleged he was owed holiday pay and fuel expenses when his employment ended in May 2022. But when the final hearing came around, he did not attend and gave no explanation.

What the tribunal decided

Employment Judge Brewer, sitting at the East London Hearing Centre, noted that the claimant had provided no evidence of any outstanding payments. The respondent, represented by its owner, stated that all monies had been paid. Without any evidence from the claimant, the tribunal could not find that he was owed anything. The claim for fuel expenses also failed because expenses are not considered 'wages' under the Employment Rights Act unless there is a contractual right — and no evidence of that was provided either.

What this means for similar claims

This case is a reminder that tribunals decide cases based on evidence, not just allegations. If you bring a claim for unpaid wages or holiday pay, you need to show what you were contractually entitled to and that it was not paid. Attending the hearing is also crucial — if you cannot attend, you must ask for a postponement. The claimant's absence meant the tribunal had no choice but to dismiss the claims.

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