Redundancy without pay: former employee wins £4,918 after company fails to attend tribunal
A former employee of Maldon Brewing Company Ltd won £4,918.35 after the company dismissed him by reason of redundancy without paying his salary, notice pay, redundancy payment, or holiday pay. The respondent did not attend the hearing.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed by reason of redundancy effective 16 November 2021.
- The respondent failed to pay the claimant's salary from 1 July 2021 to 16 November 2021.
- The respondent did not pay the claimant's statutory redundancy payment.
- The respondent did not pay the claimant's notice pay or accrued holiday pay.
- The respondent did not attend the hearing or provide representation.
Timeline
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Unpaid salary period begins
The respondent stopped paying the claimant's salary from this date.
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Dismissal by reason of redundancy
The claimant was dismissed by the respondent with effect from this date.
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Employment Tribunal hearing
The case was heard at East London Hearing Centre via CVP before Employment Judge Flanagan. The claimant appeared in person; the respondent did not attend.
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Judgment issued
The tribunal found in favour of the claimant on all claims and awarded total damages of £4,918.35.
The legal issue
The tribunal had to decide whether the claimant was dismissed by reason of redundancy, whether the respondent made unlawful deductions from wages, whether there was a breach of contract for notice pay, and whether the claimant was entitled to accrued holiday pay.
The outcome
The tribunal found in favour of the former employee on all claims.
- Statutory redundancy payment: £855.36
- Unlawful deduction from wages (unpaid salary from 1 July to 16 November 2021): £2,409.29
- Breach of contract (notice pay): £855.36
- Accrued holiday pay: £798.34
Total award: £4,918.35.
Lessons & takeaways
- Employers must pay all wages and statutory entitlements when making an employee redundant, including salary up to the dismissal date, notice pay, redundancy pay, and accrued holiday pay.
- Failing to attend an employment tribunal hearing can result in a judgment being made against you in your absence, often based solely on the claimant's evidence.
- Employees who are dismissed by reason of redundancy are entitled to a statutory redundancy payment if they have at least two years' continuous service.
- Unlawful deduction from wages claims can cover unpaid salary, notice pay, and holiday pay, and can be brought together in one tribunal claim.
This case shows what can happen when an employer fails to meet its basic obligations during a redundancy process. The former employee was dismissed by Maldon Brewing Company Ltd with effect from 16 November 2021, but had not been paid any salary since 1 July 2021. The company also failed to pay his statutory redundancy payment, notice pay, or accrued holiday pay.
What the tribunal decided
The tribunal considered four separate claims: unfair dismissal by reason of redundancy (which was conceded by the respondent's non-attendance), unlawful deduction from wages, breach of contract for notice pay, and unpaid holiday pay. Because the company did not attend the hearing or provide any representation, the tribunal accepted the claimant's evidence and found in his favour on all points.
What the employer could have done differently
Maldon Brewing Company Ltd could have avoided this outcome by simply paying the wages and entitlements owed. If the company was in financial difficulty, it could have engaged with the claimant to agree a payment plan or sought professional advice. By failing to attend the hearing, it lost the opportunity to present any defence or mitigation.
Why this matters for similar claims
This case is a reminder that employment rights do not disappear when a business is struggling. Employees who are made redundant are entitled to be paid for all work done, receive their statutory redundancy payment if eligible, and be given proper notice or pay in lieu. The total award of £4,918.35, while modest, covers multiple distinct entitlements and shows that tribunals will enforce these rights even when the employer is absent.
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