Short-service employee's unfair dismissal claim struck out, but wins for unlawful deduction and breach of contract
A former employee with only 11 months' service had his unfair dismissal claim struck out due to insufficient service, but the tribunal awarded him £2,265.13 for an unlawful wage deduction and breach of contract after his employer dismissed him without notice.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from 2 February 2021 to 26 December 2021.
- The claimant did not have two years' continuous service required for an unfair dismissal claim.
- The respondent dismissed the claimant without notice, allegedly for gross misconduct.
- The respondent made an unlawful deduction of £350 from the claimant's wages.
- The respondent failed to attend the hearing and did not provide a valid reason for absence.
Timeline
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Employment started
Mr Warren began working for Mr Bailey.
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Employment ended
Mr Warren was dismissed without notice, allegedly for gross misconduct.
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Claim form submitted
Mr Warren submitted a claim for unfair dismissal, notice pay, and arrears of pay.
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ET3 response
The respondent filed a response to the claim.
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Tribunal letter on service
The tribunal wrote to the claimant noting insufficient service for unfair dismissal and gave a deadline to respond.
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Hearing listed
The parties were notified of the hearing on 30 September 2022.
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Hearing time change canvassed
The tribunal asked parties about a later start time on 30 September.
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Respondent's postponement request
The respondent emailed requesting postponement due to family reasons and email issues. Employment Judge Bax refused the request.
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Hearing and judgment
The hearing proceeded in the respondent's absence. The unfair dismissal claim was struck out; the claimant was awarded £350 for unlawful deduction and £1,915.13 for breach of contract.
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Reconsideration application
The respondent applied for reconsideration, which was refused on 18 March 2023.
The legal issue
The tribunal had to decide whether the claimant could bring an unfair dismissal claim despite having less than two years' service, and whether the respondent had unlawfully deducted wages and breached contract by dismissing without notice.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant had only 11 months' service, falling short of the two-year qualifying period. However, the claimant succeeded on two other claims:
- Unlawful deduction from wages: The respondent deducted £350 without lawful authority, and was ordered to repay that amount.
- Breach of contract: The respondent dismissed the claimant without notice and without gross misconduct being proven, so the claimant was awarded £1,915.13 as damages for the notice period.
The respondent did not attend the hearing and his subsequent request for reconsideration was refused.
Lessons & takeaways
- Employees with less than two years' service generally cannot claim unfair dismissal, but may still bring claims for unlawful deduction from wages or breach of contract.
- Employers must have clear evidence of gross misconduct before dismissing without notice; otherwise, they risk being ordered to pay notice pay.
- Failing to attend a tribunal hearing without good reason can lead to a default judgment against you, and late postponement requests are rarely granted.
- Unlawful deductions from wages, even small amounts like £350, can be challenged and recovered through an employment tribunal.
When short service blocks an unfair dismissal claim
This case illustrates a common hurdle for employees with less than two years' continuous service: they cannot bring an unfair dismissal claim. The claimant, who worked for Mr Jonathan Bailey for just 11 months, had his unfair dismissal claim struck out on that basis. However, the tribunal still found in his favour on two other claims, showing that even short-service employees have legal protections.
The respondent dismissed the claimant without notice, alleging gross misconduct. But the tribunal found that the respondent had not proved gross misconduct, and therefore the dismissal without notice was a breach of contract. The claimant was awarded £1,915.13, representing the notice pay he should have received.
Unlawful deduction and the employer's absence
Additionally, the respondent had deducted £350 from the claimant's wages without lawful authority. The tribunal ordered repayment of that amount. The respondent did not attend the hearing, despite having been notified, and his last-minute request for postponement was refused. This highlights the importance of engaging with tribunal proceedings; ignoring them does not make the claim go away.
What this means for similar cases
For employees with less than two years' service, the key takeaway is that while unfair dismissal may not be an option, other claims such as unlawful deduction from wages, breach of contract, or discrimination (if applicable) can still be pursued. For employers, the case is a reminder that dismissing without notice requires solid evidence of gross misconduct, and that deductions from wages must be lawful. The total award of £2,265.13, though modest, shows that tribunals will enforce basic employment rights regardless of service length.
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