Unfair dismissal claim struck out because claimant was still employed
A food packer's unfair dismissal claim was struck out because she was still employed by Ambitions Ltd. Her holiday pay and payslip claims also failed.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #holiday-pay
- #working-time-regulations
- #itemised-pay-statement
- #time-limits
- #series-of-deductions
Key facts
- The claimant was still employed by the respondent when she brought her unfair dismissal claim.
- The claimant accepted she had signed the contract of employment with Ambitions Ltd.
- The claimant was paid £196.05 for 5 days holiday in July 2021, but should have been paid £228.52; the underpayment of £32.47 was paid after the claim was issued.
- The claimant had no records to contradict the respondent's holiday pay calculations.
- The claimant's grievance appeal outcome was dated 21 April 2021, but she did not commence ACAS early conciliation until 5 August 2021.
Timeline
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Employment commenced
Claimant started working for Ambitions Ltd as a food packer with variable hours.
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Holiday taken in August 2020
Claimant took holiday in August 2020, which she considered the last holiday payment before July 2021.
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Holiday taken in November 2020
Respondent's records show holiday taken in November 2020, but claimant did not specifically rely on this.
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Holiday taken in December 2020
Respondent's records show holiday taken in December 2020, but claimant did not specifically rely on this.
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Grievance raised
Claimant raised a grievance regarding holiday pay and payslips.
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Grievance appeal outcome
The outcome of the claimant's internal grievance appeal was dated 21 April 2021.
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Holiday taken in July 2021
Claimant took 5 days authorised holiday and 10 days unauthorised unpaid leave in July 2021.
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ACAS early conciliation commenced
Claimant commenced ACAS early conciliation on 5 August 2021.
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ET1 presented
Claimant presented her claim to the Employment Tribunal on 10 August 2021.
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Hearing and judgment
The hearing took place at Cambridge Employment Tribunal before Employment Judge King. Judgment was given orally with full reasons.
The legal issue
The tribunal had to decide whether it could hear an unfair dismissal claim from someone who was still employed, and whether holiday pay and payslip claims were in time and well-founded.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant was still employed by Ambitions Ltd at the time she brought the claim — there had been no dismissal, so the tribunal had no jurisdiction.
The holiday pay claim for July 2021 was dismissed because the claimant had no records to contradict the respondent's calculations, and a small underpayment of £32.47 had been paid after the claim was issued. Claims for earlier holiday pay were struck out as out of time.
The claim about itemised pay statements was also dismissed as the payslips were compliant.
Lessons & takeaways
- You can only claim unfair dismissal if you have actually been dismissed — being unhappy with your employer is not enough.
- Keep your own records of holiday taken and pay received; without them it is hard to challenge your employer's figures.
- Holiday pay claims for deductions more than three months old are likely to be out of time unless there is a 'series of deductions'.
- If you are still employed, any holiday pay claim can only cover holiday already taken, not accrued but untaken holiday.
When is a dismissal not a dismissal?
This case shows a fundamental hurdle that every unfair dismissal claim must clear: you must actually have been dismissed. The claimant, a food packer with variable hours, brought an unfair dismissal claim against Ambitions Ltd while she was still working for them. She later confirmed in writing that she was still employed, and at the hearing she accepted she was still being paid. Because there had been no dismissal, the tribunal had no legal power to hear that part of her claim.
Holiday pay and payslip claims
The claimant also argued she had been underpaid for holiday taken in July 2021. The respondent showed that she was paid £196.05 for 5 days' holiday, but the correct amount should have been £228.52 — a difference of £32.47. That underpayment was made after she issued her claim. The tribunal found that without her own records to contradict the respondent's calculations, the claim was not well founded. Claims for holiday taken in December 2020 and earlier were struck out because they were presented more than three months after the deductions, and there was no 'series of deductions' to extend the time limit.
The claimant also complained that her payslips were incorrect. The tribunal examined the payslips and found they complied with the legal requirements under section 8 of the Employment Rights Act 1996, so that claim was dismissed too.
What this means for similar claims
This case is a reminder that employment tribunal claims have strict time limits and jurisdictional rules. If you are still employed, you cannot bring an unfair dismissal claim. For holiday pay, you need to act quickly — usually within three months of the deduction — and keep your own records to back up your figures. The tribunal was not persuaded by the claimant's assertions without documentary evidence, especially when the respondent's records were clear and the small underpayment had been corrected.
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