Suspended and dismissed for refusing to give up holiday rights: a whistleblowing case
A security services employee was unfairly dismissed and subjected to detriments after refusing to forego holiday rights. The tribunal awarded over £46,000 in compensation.
1 min read · Last updated 18 May 2026
Case details
- #unauthorised-deductions
- #unfair-dismissal
- #detriment
- #breach-of-contract
- #written-statement-failure
- #vento-award
Key facts
- The claimant was employed by the first respondent from 29 July 2020 to 8 April 2022.
- The claimant was dismissed on 8 April 2022 after complaining about unauthorised deductions from his wages.
- The claimant was suspended without pay on three occasions for complaining about holiday rights.
- The respondent failed to provide a written statement of terms despite repeated requests.
- The respondent failed to reimburse the claimant for uniform and travel expenses.
- The claimant withdrew claims for holiday pay, notice pay, and other claims at the hearing.
Timeline
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Employment started
Claimant began employment with Marshall 247 Services Ltd.
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First suspension
Claimant suspended from 1 to 30 April 2021 without pay for refusing to forego holiday rights.
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Second suspension
Claimant suspended from 1 September to 31 October 2021.
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Third suspension
Claimant suspended from 1 February to 7 April 2022.
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Dismissal
Claimant dismissed by telephone call from Mr Butt, told there was no more work.
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Hearing
Employment Tribunal hearing in Leeds. Claimant attended in person; respondents did not attend.
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Judgment sent
Judgment issued with reasons.
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Reconsideration application
Claimant applied for reconsideration, which was refused on 9 January 2023.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed, subjected to detriments for refusing to give up holiday rights, and whether unauthorised deductions were made from his wages.
The outcome
The tribunal upheld the claims of unfair dismissal, detriment for refusing to give up holiday rights, unauthorised deductions, breach of contract for unpaid expenses, and failure to provide a written statement of terms.
Compensation breakdown:
- Basic award for unfair dismissal: £598.50
- Compensatory award for unfair dismissal: £1,560.00
- Vento award for injury to feelings (detriment): £18,000.00
- Unauthorised deductions: £23,556.80
- Breach of contract (uniform and travel expenses): £638.04
- Failure to provide written statement: £1,596.00
- Total: £46,249.34
Lessons & takeaways
- If you are penalised for asserting your statutory rights, such as holiday pay, you may have a claim for detriment or automatic unfair dismissal.
- Employers who fail to provide a written statement of terms can be ordered to pay up to four weeks' pay as additional compensation.
- Suspending an employee without pay for complaining about their rights is likely to be considered a serious detriment.
- Claimants can recover unauthorised deductions from wages, including for unpaid hours at the national minimum wage.
This case highlights what can happen when an employer ignores an employee's complaints about their rights and takes retaliatory action. The former employee, who worked in security services, was suspended three times without pay after refusing to give up his holiday rights. He was then dismissed by telephone after complaining about unauthorised deductions from his wages.
What the employer did wrong
Marshall 247 Services Ltd failed to respond to the tribunal claim, so the employee's evidence was largely accepted. The tribunal found that the employer had made unauthorised deductions from wages, failed to reimburse uniform and travel expenses, and did not provide a written statement of terms despite repeated requests. The suspensions and dismissal were directly linked to the employee's insistence on his statutory rights.
Why the result matters
The total award of over £46,000 reflects the cumulative impact of multiple breaches. Notably, the tribunal awarded £18,000 for injury to feelings under the Vento guidelines, recognising the distress caused by the detriments. This case serves as a reminder that employees who are penalised for asserting their rights may have strong claims, especially when the employer fails to engage with the process.
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