Summary dismissal and minimum wage underpayment: 11-year employee wins unfair dismissal claim

A swift dismissal and a wage underpayment

This case shows how a combination of procedural failings and a basic wage violation can leave an employer facing multiple claims. The claimant, who had worked for Catwalk Dogs St Helens Ltd for 11 years, was summarily dismissed on 23 September 2022. She found a new job just five days later, but the tribunal still found the dismissal unfair.

The employer's failure to follow a fair process was a key factor. The tribunal noted that the respondent did not adhere to the ACAS Code of Practice on disciplinary and grievance procedures, which led to a 25% uplift on the compensatory award. For employees considering a claim, this highlights the importance of checking whether your employer followed proper procedures — if they didn't, you may be entitled to extra compensation.

What the employer could have done differently

Catwalk Dogs St Helens Ltd could have avoided the unfair dismissal finding by conducting a proper investigation and giving the claimant a chance to respond before deciding to dismiss. Even in cases of alleged misconduct, a fair process is essential, especially for employees with long service.

Additionally, the employer was found to have underpaid the claimant £0.32 per hour below the national minimum wage for nearly six months. This was an unauthorised deduction from wages, and the tribunal ordered repayment of £288. Employers must ensure they pay at least the legal minimum wage — failing to do so is a clear breach of employment law.

Why this matters for similar claims

This case is a reminder that even if you find a new job quickly after dismissal, you can still claim for lost earnings during the gap. The claimant received £117 for two days' lost pay. The tribunal also awarded £500 for loss of statutory rights — a standard sum for employees who lose the right to bring an unfair dismissal claim due to the two-year qualifying period (though this claimant had more than enough service).

For employees, the key takeaway is to keep records of your pay and any communications about dismissal. For employers, the message is clear: follow the ACAS Code, pay the minimum wage, and provide itemised pay statements. Failure to do so can result in multiple claims and increased compensation.