Project Manager with less than two years' service wins unpaid wages, holiday and notice pay
A project manager who was dismissed after 15 months with Keepout Ltd successfully claimed unpaid wages, holiday pay and notice pay, but his unfair dismissal and redundancy claims were struck out due to insufficient service. The tribunal awarded £9,915.80.
1 min read · Last updated 18 May 2026
Case details
- #less-than-two-years-service
- #unpaid-wages
- #holiday-pay
- #notice-pay
- #company-in-liquidation
- #strike-out
Key facts
- The claimant was employed from 25 May 2021 to 29 August 2022 as a Project Manager.
- The claimant had less than two years' continuous service at the effective date of termination.
- The unfair dismissal and redundancy payment claims were struck out due to insufficient service.
- The respondent was in liquidation and did not participate in the hearing.
- The claimant succeeded in claims for unpaid wages, holiday pay, and notice pay.
- The total award was £9,915.80 gross.
Timeline
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Employment started
Claimant began employment as a Project Manager with Keepout Ltd.
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Unpaid wages period begins
Claimant was not paid for three days on 8, 9 and 10 August 2022.
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Holiday period begins
Claimant took holiday from 10 to 28 August 2022, which was unpaid.
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Employment terminated
Claimant's employment ended. He was not given notice pay.
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Strike-out judgment
Employment Judge Russell struck out the unfair dismissal and redundancy payment claims due to insufficient service.
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Final hearing
Employment Judge B Elgot heard the remaining claims and gave judgment.
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Judgment sent
Written judgment issued with the decision.
The legal issue
The tribunal had to decide whether the claimant had the required two years' continuous service to bring unfair dismissal and redundancy claims, and whether the respondent owed unpaid wages, holiday pay and notice pay.
The outcome
The tribunal struck out the unfair dismissal and redundancy payment claims because the claimant had less than two years' service, as required by sections 108 and 155 of the Employment Rights Act 1996.
The claimant succeeded in his claims for:
- Unpaid wages: £691.80 for three days worked in August 2022
- Holiday pay: £4,612.00 for 18 days of unpaid holiday plus two accrued days
- Notice pay: £4,612.00 for four weeks' contractual notice
Total award: £9,915.80 gross.
Lessons & takeaways
- Employees with less than two years' service cannot claim unfair dismissal or a statutory redundancy payment, unless the dismissal is for an automatically unfair reason.
- Claims for unpaid wages, holiday pay and notice pay do not require a minimum length of service and can be brought even if the employer is in liquidation.
- If your employer goes into liquidation, you may still be able to recover some sums from the Insolvency Service, but the tribunal can also order the company to pay.
- Keep records of your working hours, holiday taken and any contractual entitlements to strengthen your claim for unpaid sums.
This case shows that even when an employer has gone into liquidation and an employee has less than two years' service, there can still be a route to recovering unpaid wages, holiday pay and notice pay. The project manager had worked for Keepout Ltd for just 15 months when he was dismissed without notice and without pay for his final days of work and holiday.
The tribunal struck out his unfair dismissal and redundancy claims because the law requires at least two years' continuous service for those claims. However, his claims for unpaid wages, holiday pay and notice pay succeeded because they do not depend on length of service. The company did not defend the claims, as it was in liquidation.
What the employer could have done differently
Keepout Ltd could have avoided this claim by paying the employee what he was owed at the time of dismissal. Even if the company was struggling financially, failing to pay wages and holiday pay for work already done is a breach of contract. The tribunal noted that the claimant had a contractual right to four weeks' notice pay, which should have been paid.
Why this matters
For employees, this case is a reminder that you do not need two years' service to bring claims for unpaid wages, holiday pay or notice pay. These are basic contractual rights that the tribunal will enforce. For employers, it highlights that even if a company is in liquidation, directors or liquidators may still be required to meet these obligations from available assets. The claimant received some payments from the Insolvency Service, but the tribunal's judgment confirms the full amount owed.
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