Service Delivery Manager unfairly dismissed after employer failed to contest claim
A Service Delivery Manager was unfairly dismissed for alleged misconduct and awarded £20,927 after his employer failed to respond to the tribunal claim. The award covered lost earnings and future loss.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a Service Delivery Manager from 1 September 2019.
- He was summarily dismissed for alleged misconduct on 10 December 2021.
- The respondent failed to enter a response and could not contest the claim.
- The claimant found alternative employment at a lower salary from 17 February 2022.
- The tribunal awarded £20,927.40 in compensation for unfair dismissal.
Timeline
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Employment commenced
Claimant started work as Service Delivery Manager at £50,000 per annum.
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Summary dismissal
Claimant was dismissed summarily for alleged misconduct.
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New employment started
Claimant found alternative employment at £40,000 per annum.
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Remedy hearing
Employment Judge Roper held a remedy hearing and awarded compensation.
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Reconsideration application dismissed
Employment Judge Beever dismissed respondent's application for reconsideration.
The legal issue
The tribunal had to determine the appropriate remedy for unfair dismissal and breach of contract after the employer failed to contest the claim, meaning liability was already established.
The outcome
The tribunal awarded the claimant £20,927.40 in compensation for unfair dismissal. This included a basic award of £1,088 and a compensatory award of £19,839.40.
- Basic award: £1,088 (based on two years' service, age 27, and statutory cap)
- Compensatory award: £19,839.40, comprising:
- £500 for loss of statutory rights
- £13,532.30 for past loss of earnings (10 weeks' full loss plus 24 weeks' reduced earnings)
- £5,807.10 for future loss of earnings (26 weeks at the weekly differential of £223.35)
The claimant's breach of contract claim for three months' notice succeeded but was already covered by the unfair dismissal award, so no separate payment was made.
Lessons & takeaways
- Employers who fail to respond to a tribunal claim risk a default judgment, meaning they cannot contest liability and may face higher compensation.
- Claimants should mitigate their loss by seeking alternative employment promptly; the tribunal will reduce compensation if they do not.
- Future loss awards are limited to a reasonable period for the claimant to find equivalent work — here, 26 weeks was considered sufficient.
- Even without a hearing on liability, the tribunal will carefully calculate remedy based on evidence of loss and mitigation.
This case shows what can happen when an employer simply ignores an employment tribunal claim. The Service Delivery Manager was summarily dismissed for alleged misconduct after about two years' service. The employer, Vohkus Limited, failed to enter a response, meaning it could not contest the claim. As a result, the tribunal treated the dismissal as unfair and moved straight to deciding how much compensation to award.
What the employer could have done differently
If Vohkus had responded to the claim, it could have argued that the dismissal was fair — for example, by showing it had a genuine belief in misconduct based on reasonable grounds, following a fair procedure. By staying silent, it lost that chance entirely. Employers facing a tribunal claim should always respond, even if they think the claim has no merit.
How the compensation was calculated
The claimant found a new job at a lower salary within 10 weeks, which helped reduce his loss. The tribunal awarded past loss of earnings for the period between dismissal and the hearing, plus a future loss award of 26 weeks to allow time to fully catch up. The total of £20,927.40 reflects both the basic award (based on age and service) and the compensatory award for financial losses. The claimant also succeeded in a breach of contract claim for three months' notice, but this was already covered by the unfair dismissal award.
Why this matters for similar claims
This case highlights the importance of mitigation — the claimant's quick move to a new job limited his losses and likely increased his credibility. It also shows that tribunals will not award speculative future losses; here, the judge capped future loss at 26 weeks, rejecting the claimant's request for two years. For employees bringing claims, keeping clear records of job applications and earnings is essential to support a remedy award.
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