Holiday pay, sick pay and notice pay awarded after employer fails to attend hearing
A former employee with less than two years' service won £1,316.22 for unpaid holiday pay, sick pay and wrongful dismissal after their employer failed to attend the final hearing.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by Fivestars Limited for less than two years.
- The claimant's unfair dismissal and redundancy payment claims were struck out due to insufficient service.
- The claimant succeeded in claims for unlawful deductions from wages (holiday pay and sick pay) and wrongful dismissal.
- The respondent did not attend the final hearing.
- The total award to the claimant was £1,316.22.
Timeline
-
Strike out warning for unfair dismissal
Tribunal gave claimant opportunity to show why unfair dismissal complaint should not be struck out due to less than two years' service.
-
Unfair dismissal struck out
Employment Judge Rayner struck out the unfair dismissal complaint.
-
Strike out warning for redundancy payment
Tribunal gave claimant opportunity to show why redundancy payment complaint should not be struck out.
-
Redundancy payment struck out
Employment Judge Rayner struck out the redundancy payment complaint.
-
Final hearing
Hearing at Bristol Employment Tribunal by remote hearing. Respondent did not attend.
-
Judgment issued
Employment Judge Youngs issued judgment awarding claimant £1,316.22 for holiday pay, sick pay, and wrongful dismissal.
The legal issue
The tribunal had to decide whether the claimant was entitled to unpaid holiday pay, sick pay, and notice pay, and whether the employer had made unlawful deductions from wages.
The outcome
The tribunal found in favour of the former employee on all three remaining claims.
- The employer did not attend the final hearing, and the tribunal proceeded in its absence.
- The claimant was awarded:
- £765.60 for unpaid holiday pay (8.7 days)
- £115.62 for unpaid statutory sick pay (6 days)
- £440.00 for wrongful dismissal (1 week's notice pay)
- Total award: £1,316.22.
Lessons & takeaways
- Employees with less than two years' service cannot claim unfair dismissal or a statutory redundancy payment, but they can still claim unlawful deductions from wages and wrongful dismissal.
- If an employer fails to attend a tribunal hearing, the tribunal may still proceed and make a judgment based on the evidence before it.
- Keep records of your working hours, holiday taken, and any sick leave to support claims for unpaid wages or holiday pay.
A case of unpaid entitlements
This case shows that even employees with short service can bring successful claims for unpaid wages, holiday pay and notice pay. The former employee had worked for Fivestars Limited for less than two years, which meant their claims for unfair dismissal and a redundancy payment were struck out early on. However, their claims for unlawful deductions from wages and wrongful dismissal remained.
What the employer could have done differently
The respondent did not attend the final hearing, despite the tribunal refusing a postponement application. By failing to engage, the employer lost the opportunity to challenge the amounts claimed or to argue that the deductions were lawful. If the employer had attended, they might have been able to reduce the award or show that the payments had already been made.
Why this matters
The case is a reminder that the two-year service requirement for unfair dismissal does not block all claims. Employees can still pursue claims for unpaid wages, holiday pay, and notice pay regardless of their length of service. The tribunal will consider the evidence and, if the employer does not participate, may still award compensation. Keeping detailed records of hours worked, holiday taken, and sick leave is essential for building a strong case.
Similar cases
Redundancy without consultation: protective award for employee dismissed in mass layoff
A former employee with six years' service was awarded over £3,600 after their employer made 20 or more staff redundant without any consultation. The tribunal found a protective award of 90 days' pay was justified.
Hotel employee with 17 years' service wins unfair dismissal and unpaid pension claim
A hotel employee of 17 years was unfairly dismissed and awarded over £15,000 after her employer deducted pension contributions without paying them in and failed to follow redundancy procedures.
Head of Operations dismissed while on furlough after maternity leave: unfair redundancy
A tribunal found that Vespertine Holidays Ltd unfairly dismissed a Head of Operations with 16 years' service, who discovered her redundancy only when she received a P45. She was awarded £34,282.
Five workers unfairly dismissed after TUPE transfer missed them out
Five employees of Westfield Shovels Limited were unfairly dismissed when their jobs were lost to a service change. The tribunal found they should have been transferred to the new contractor, not made redundant.