Recruitment consultant awarded £15,280 after employer failed to pay wages, holiday and notice
A recruitment consultant with less than two years' service won £15,280 after their employer failed to pay wages, holiday pay, commission and notice pay. The company did not attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #unpaid-wages
- #holiday-pay
- #commission
- #notice-pay
- #breach-of-contract
- #financial-losses
- #respondent-default
Key facts
- The claimant was employed by the respondent and paid an annual salary of £45,000.
- The respondent failed to pay the claimant wages for April and May 2022.
- The respondent failed to pay the claimant for 13 days of accrued but untaken holiday.
- The respondent failed to pay the claimant commission owed during employment.
- The respondent failed to pay the claimant notice pay for two months.
- The claimant suffered financial losses including bank charges and interest payments due to the respondent's failures.
Timeline
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Unpaid wages period begins
The respondent failed to pay the claimant wages for April 2022.
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Unpaid wages period continues
The respondent failed to pay the claimant wages for May 2022.
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Tribunal requests counterclaim particulars
The Tribunal asked the respondent to particularise and quantify their counterclaim by 16 September 2022.
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Respondent provides narrative particulars
The respondent sent narrative particulars but did not quantify the counterclaim.
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Unfair dismissal claim struck out
Employment Judge Ferguson struck out the claimant's unfair dismissal complaint due to insufficient service.
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Tribunal warns respondent on counterclaim
The Tribunal warned the respondent that failure to quantify the counterclaim could lead to strike out.
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Substantive hearing
The hearing took place at Croydon Employment Tribunal. The respondent did not attend. The claimant's claims succeeded.
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Corrected judgment issued
The judgment was corrected to include the claimant's surname 'Platt'.
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Written reasons provided
Employment Judge Barker provided written reasons for the judgment.
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Respondent applies for reconsideration
The respondent applied for reconsideration of the judgment and written reasons.
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Reconsideration refused
Employment Judge Barker refused the reconsideration application.
The legal issue
The tribunal had to decide whether the respondent made unlawful deductions from the claimant's wages, including unpaid wages, holiday pay, commission, and notice pay, and whether the claimant suffered consequential financial loss.
The outcome
The tribunal found in favour of the claimant on all claims. The respondent failed to attend the hearing and did not properly pursue its counterclaim, which was dismissed.
Compensation awarded:
- £3,750 for unpaid wages (April and May 2022)
- £2,250 for 13 days' unpaid holiday pay
- £1,400 for unpaid commission
- £7,500 for two months' notice pay
- £380 for financial losses (bank charges and interest)
- Total: £15,280
Lessons & takeaways
- Employees with less than two years' service cannot claim unfair dismissal but can still bring claims for unlawful deductions from wages, including unpaid wages, holiday pay, commission and notice pay.
- Employers must pay all wages, holiday pay, commission and notice pay due under the contract, or risk a tribunal award and additional costs.
- If an employer fails to attend a hearing, the tribunal can proceed and make a decision based on the evidence before it, including awarding the full amount claimed.
- Claimants can claim consequential financial losses, such as bank charges and interest, if they result from the employer's breach of contract.
When an employer simply stops paying
This case shows what can happen when an employer fails to meet its basic obligations. The recruitment consultant, who was on a £45,000 annual salary, was not paid wages for April and May 2022. The employer also failed to pay 13 days of accrued holiday, commission earned during employment, and two months' notice pay. The consultant was left out of pocket and incurred bank charges and interest payments as a result.
A case won by default
FDS Recruitment Ltd did not attend the final hearing, despite being given notice. The tribunal was satisfied the company had received notice and attempted to contact them on the day, without success. Because the employer did not engage with the process, the tribunal accepted the consultant's evidence and awarded the full amount claimed. The company's counterclaim was also dismissed as it had failed to provide any evidence to support it.
What this means for similar claims
This case is a reminder that even employees with short service can bring claims for unpaid wages, holiday pay, commission and notice pay. The total award of £15,280 included not only the direct sums owed but also £380 for financial losses caused by the employer's breach. Claimants who suffer bank charges or interest payments as a result of non-payment can seek to recover those too. Employers who ignore tribunal proceedings do so at their peril.
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