Redundancy dismissal without notice: unfair dismissal and breach of contract
A former employee was unfairly dismissed by reason of redundancy and denied proper notice, winning a basic award of £1,346.15 and damages of £1,800 for breach of contract.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed by reason of redundancy.
- The respondent made an unauthorised deduction of £699.99 from the claimant's wages.
- The claimant was dismissed without notice, constituting breach of contract.
- The claim for holiday pay was dismissed as there was no right to carry forward unused holiday.
- The compensatory award for unfair dismissal is to be determined at a further remedy hearing.
Timeline
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First hearing
The tribunal found the respondent made an unauthorised deduction of £699.99 and unfairly dismissed the claimant by reason of redundancy, awarding a basic award of £1,346.15. Claims for breach of contract and other payments were adjourned to a remedy hearing. The holiday pay claim was dismissed.
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Remedy hearing
The tribunal ordered the respondent to pay £1,800.00 damages for breach of contract (lack of notice). All other remaining claims were withdrawn and dismissed by consent.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed due to a flawed redundancy process, whether the employer made an unauthorised deduction from wages, and whether failing to give notice amounted to breach of contract.
The outcome
The tribunal decided that the former employee was unfairly dismissed by reason of redundancy. The employer also made an unauthorised deduction of £699.99 from wages and breached contract by dismissing without notice.
- Basic award for unfair dismissal: £1,346.15
- Damages for breach of contract (lack of notice): £1,800.00
- Unauthorised deduction: £699.99 (ordered to be repaid)
- Holiday pay claim: dismissed (no right to carry forward unused holiday)
- Compensatory award for unfair dismissal: to be determined at a further remedy hearing (but later withdrawn by consent)
Lessons & takeaways
- If you are made redundant, check whether your employer followed a fair process — including consultation and objective selection criteria.
- Employers must give proper notice unless there is gross misconduct; failing to do so is a breach of contract.
- Keep records of any deductions from your wages — unauthorised deductions can be challenged at tribunal.
- Holiday pay cannot usually be carried forward unless your contract or a policy allows it.
Redundancy without a fair process
This case shows what can happen when an employer makes someone redundant without following a proper procedure. The former employee was dismissed by reason of redundancy, but the tribunal found the process was unfair. Although the employer had a genuine redundancy situation, they did not show they acted reasonably — for example, by consulting with the employee or using objective criteria to select them for redundancy.
Unauthorised deduction and no notice
The employer also made an unauthorised deduction of £699.99 from the employee's wages. Deductions from wages are only lawful if the employee has agreed in writing or if the law allows it. On top of that, the employer dismissed the employee without giving any notice. Unless there is gross misconduct, employees are entitled to notice or pay in lieu. The tribunal awarded £1,800 in damages for this breach of contract.
What the employer could have done differently
A fair redundancy process would have involved consulting with the employee, warning them of the risk of redundancy, and considering alternative roles. Giving proper notice — or pay in lieu — would have avoided the breach of contract claim. And any deduction from wages should have been clearly agreed in writing.
Why this matters for similar claims
This case is a reminder that even when a redundancy is genuine, the process must be fair. Employees who are dismissed without notice or have money taken from their wages without agreement can bring claims. The fact that the employee represented themselves and still won shows that you don't always need a lawyer to succeed at tribunal.
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