Former employee awarded £13,389 for unpaid wages, pension and holiday pay
A former employee with less than two years' service successfully claimed £13,389.33 in unpaid wages, pension contributions and annual leave after his employer failed to pay him for months and did not attend the tribunal hearing.
1 min read · Last updated 18 May 2026
Case details
- #non-payment-of-wages
- #non-payment-of-pension
- #annual-leave
- #strike-out
- #less-than-two-years-service
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant's unfair dismissal and redundancy claims were struck out due to insufficient service.
- The claimant succeeded in claims for unpaid wages, pension contributions, and annual leave.
- The total award was £13,389.33 gross.
- The respondent did not attend the hearing.
Timeline
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Employment start
The claimant began employment with the respondent. Exact start date not specified; November 2022 inferred from pension contribution date.
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Wage non-payment begins
The respondent failed to pay wages from December 2022 onwards.
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Employment end
The claimant's employment ended on 10 March 2023.
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First judgment (strike out)
Employment Judge Anstis struck out the unfair dismissal and redundancy claims due to insufficient service.
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Final hearing
Employment Judge Tobin held a remote hearing and awarded the claimant £13,389.33 for unpaid wages, pension, and annual leave.
The legal issue
The tribunal had to decide whether the former employee was entitled to unpaid wages, pension contributions and annual leave, and whether his unfair dismissal and redundancy claims could proceed despite having less than two years' service.
The outcome
The tribunal struck out the unfair dismissal and redundancy claims because the employee had less than two years' service, which is a legal requirement for those claims. However, it upheld his claims for unpaid wages, pension contributions and annual leave.
The key reasons were:
- The employer failed to pay wages from December 2022 to March 2023, totalling £11,140.33.
- The employer did not make a pension contribution for November 2022, amounting to £149.00.
- The employee was not paid for 13 days of accrued but untaken annual leave, valued at £2,100.00.
The total award of £13,389.33 is gross and the employer was ordered to pay this sum.
Lessons & takeaways
- Employees with less than two years' service cannot bring unfair dismissal or redundancy claims, but can still claim for unpaid wages, pension contributions and holiday pay.
- If an employer fails to attend a tribunal hearing, the tribunal can proceed in their absence and make a judgment based on the evidence provided by the employee.
- Keep records of your employment dates, pay slips and any correspondence about unpaid wages or benefits to support your claim.
- You do not need a solicitor to bring a claim for unpaid wages or holiday pay – the tribunal process is designed to be accessible for individuals representing themselves.
A case of unpaid wages and lost benefits
This case highlights that even employees with short service can successfully bring claims for unpaid wages, pension contributions and holiday pay. The former employee, who worked for Epsilon Ten Limited (trading as Oxto Energy Storage) for less than two years, was not paid from December 2022 until his employment ended in March 2023. He also missed a pension contribution and was not compensated for 13 days of accrued annual leave.
What the employer could have done differently
The employer did not attend the tribunal hearing, which meant the tribunal decided the case based on the employee's evidence alone. If the employer had engaged with the process, they might have been able to challenge the amounts claimed or provide a defence. However, the failure to pay wages for several months left little room for justification.
Why this result matters
This case serves as a reminder that employment rights around payment of wages, pension contributions and holiday leave apply from day one of employment. The tribunal's decision to award £13,389.33 shows that employees can enforce these rights even when their employer ignores the process. For anyone in a similar situation, it is worth pursuing a claim for unpaid wages and holiday pay, even if you have less than two years' service and cannot claim unfair dismissal.
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