Redundancy, homeworking dispute and holiday pay: a partial win for a supply chain manager
A supply chain manager with one year's service lost her unfair dismissal claim due to insufficient service, but won £192.31 in unpaid holiday pay on termination.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #homeworking-dispute
- #covid-plan-b
- #holiday-pay
- #unauthorised-deductions
Key facts
- The claimant was employed as a supply chain manager from 12 January 2021.
- The claimant was made redundant on 5 January 2022 with a notice period ending 6 March 2022.
- After 13 January 2022, the claimant worked from home without authorisation and did not attend the office.
- The respondent withheld wages after 13 January 2022 and requested return of the laptop.
- The claimant resigned on 8 February 2022, claiming constructive dismissal.
- The tribunal found the claimant was not entitled to wages after 13 January but was entitled to 1 day's holiday pay.
Timeline
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Employment started
Claimant began employment as supply chain manager.
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Broken ankle
Claimant suffered a broken ankle and worked from home during recovery.
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Agreement to return to office
Claimant agreed to return to office 4 days per week from end of October.
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Redundancy announced
Claimant was told she was being made redundant.
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Redundancy letter
Respondent confirmed redundancy with final date 6 March 2022.
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Worked from home citing Covid
Claimant worked from home citing Covid Plan B guidance and illness.
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Meeting and loss of remote access
Claimant's request to work from home was refused; she ended the meeting and lost remote access.
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Laptop request and solicitor's letter
Respondent requested return of laptop; claimant's solicitor asserted wrongful dismissal.
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Claimant resigned
Claimant resigned citing repudiatory breach by respondent.
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Laptop returned
Laptop was returned to respondent.
The legal issue
Whether the claimant was entitled to wages after being refused permission to work from home, and whether the respondent's actions amounted to a repudiatory breach entitling her to resign and claim damages.
The outcome
The tribunal dismissed the claims for breach of contract and unpaid wages, but upheld the claim for outstanding holiday pay on termination.
The key reason was that the claimant did not have the required two years' continuous service to bring an unfair dismissal claim, and her decision to work from home without authorisation meant she was not entitled to wages after 13 January 2022. However, she was entitled to holiday pay for one day she had not taken.
Compensation:
- Holiday pay: £192.31 gross
Lessons & takeaways
- Employees with less than two years' continuous service generally cannot claim unfair dismissal in the UK.
- Working from home without employer authorisation can lead to loss of wages and potential disciplinary action.
- Employers must ensure holiday pay is paid on termination, even if other claims fail.
- Resigning and claiming constructive dismissal requires a repudiatory breach by the employer; a refusal to allow homeworking may not suffice.
A redundancy dispute that turned on homeworking
This case shows how a redundancy situation can become complicated when an employee decides to work from home without permission. The supply chain manager, who had only one year's service, was made redundant in January 2022. After the redundancy was announced, she began working from home citing Covid Plan B guidance and illness. The employer refused her request and eventually withdrew remote access and stopped paying her.
The tribunal found that the employer was entitled to refuse homeworking and that the claimant's unauthorised absence meant she was not owed wages for that period. Her claim for constructive dismissal also failed because the employer's actions did not amount to a repudiatory breach of contract.
What the employer could have done differently
The employer acted reasonably in refusing homeworking and in stopping pay when the claimant did not attend the office. However, the case highlights the importance of clear communication about working arrangements and the need to follow proper procedures when an employee is absent without authorisation. The employer could have issued a formal warning or given the claimant a chance to return to work before stopping pay.
Why this matters for similar claims
This case is a reminder that employees with less than two years' service have limited protection against unfair dismissal. It also shows that a dispute over homeworking is unlikely to succeed as a constructive dismissal claim unless the employer's actions are particularly serious. On the positive side for employees, the tribunal upheld the claim for holiday pay, confirming that employers must pay any untaken holiday on termination regardless of other disputes.
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