Disability discrimination and holiday pay claims succeed after employer fails to defend
A former employee won £29,477 in disability discrimination and holiday pay after Unite Telecoms Limited failed to comply with tribunal orders and had its response struck out.
1 min read · Last updated 18 May 2026
Key facts
- The claimant presented claims of disability discrimination, holiday pay, and unfair dismissal.
- The respondent failed to comply with tribunal orders and did not attend hearings.
- The respondent's response was struck out for non-compliance.
- The claimant succeeded in claims of discrimination arising from disability, failure to make reasonable adjustments, harassment, and holiday pay.
- The unfair dismissal claim was dismissed due to insufficient service.
- The claimant was awarded £29,477.59 in total, including £15,000 for injury to feelings.
Timeline
-
Claim presented
The claimant presented claims to the tribunal. Exact date not specified; assumed early 2020 based on case number.
-
Tribunal order
The tribunal issued an order requiring the respondent to take certain steps.
-
Preliminary hearing
The tribunal heard evidence on time limits, disability status, and claim matters. The respondent did not attend.
-
Judgment on liability
Employment Judge Dawson issued a judgment finding disability discrimination and holiday pay claims succeeded, unfair dismissal dismissed.
-
Strike-out warning
The tribunal gave the respondent an opportunity to show cause why the response should not be struck out.
-
First strike-out judgment
Employment Judge Rayner struck out the respondent's response for non-compliance.
-
Second strike-out judgment
Employment Judge Dawson again struck out the response, noting the respondent was in voluntary liquidation.
-
Remedy hearing
The tribunal held a remedy hearing and awarded the claimant £29,477.59.
The legal issue
The tribunal had to decide whether the claimant's disability discrimination and holiday pay claims were presented in time, and whether the respondent's response should be struck out for failing to comply with tribunal orders.
The outcome
The tribunal struck out the respondent's response for non-compliance with orders and failure to actively pursue the case. It then found that the claimant's claims of discrimination arising from disability, failure to make reasonable adjustments, harassment, and unpaid holiday pay were well-founded. The unfair dismissal claim was dismissed because the claimant did not have two years' service.
Compensation awarded:
- £15,000 for injury to feelings
- £2,949.04 interest on injury to feelings
- £8,879.00 for loss of earnings
- £1,446.10 interest on loss of earnings
- £198.00 for osteopathic treatment costs
- £38.88 interest on osteopathic treatment
- £965.58 for unpaid holiday pay
- Total: £29,477.59
Lessons & takeaways
- Employers must comply with tribunal orders or risk having their response struck out, leading to a default judgment.
- Claims for disability discrimination and holiday pay can succeed even if the employer does not defend the case.
- Claimants can bring claims in person without a solicitor, but should ensure they present claims within time limits or seek an extension.
- Injury to feelings awards can be substantial even without a defended hearing, based on the tribunal's assessment.
This case shows what can happen when an employer fails to engage with tribunal proceedings. The former employee brought claims of disability discrimination and unpaid holiday pay against Unite Telecoms Limited. The employer did not comply with a tribunal order from March 2022 and did not attend hearings. Despite warnings, the employer made no representations, and the tribunal struck out its response. The employer later entered voluntary liquidation.
What the tribunal decided
With the employer's response struck out, the tribunal considered the claimant's evidence. It found that the claims of discrimination arising from disability, failure to make reasonable adjustments, and harassment were well-founded. The claimant also succeeded in a claim for unpaid holiday pay. However, the unfair dismissal claim was dismissed because the claimant had less than two years' service. The tribunal awarded a total of £29,477.59, including £15,000 for injury to feelings.
What the employer could have done differently
Unite Telecoms could have avoided this outcome by engaging with the tribunal process. Complying with the March 2022 order or attending hearings would have allowed it to defend the claims. Even after the strike-out warning, the employer could have made representations. By failing to do so, it lost the chance to contest liability or mitigate damages.
Why this matters
This case is a reminder that tribunals can proceed without an employer if it fails to participate. For claimants, it shows that pursuing a claim in person can be successful, especially when the employer does not defend. The award for injury to feelings reflects the seriousness of the discrimination, even without a full hearing on the facts.
Similar cases
Employer's failure to comply with tribunal orders leads to strike out and £15,000 award
A local authority employee was awarded £15,483 after her employer's response was struck out for failing to comply with case management orders, leaving the tribunal unable to hold a fair hearing.
Strike-out of employment claim partially reversed for undisputed notice and holiday pay
A former employee's claims for unfair dismissal and disability discrimination were struck out for failing to pursue them, but the tribunal allowed her claims for notice pay and holiday pay to proceed as they were undisputed.
Agency worker wins disability and victimisation claims against Torque Retail
An agency worker with a disability was discriminated against and victimised when his assignment was terminated. The tribunal awarded £5,005 in compensation.
Dismissed after crying at work: tribunal finds disability discrimination by default
A former worker with fibromyalgia and other disabilities was awarded £84,599 after her employer failed to defend claims of disability discrimination. The tribunal entered default judgment when the company did not respond.