Hair salon employee wins unfair dismissal and holiday pay after late claim accepted
A hair and beauty salon employee was unfairly dismissed and awarded over £2,600 in compensation, including unpaid holiday pay, after the tribunal accepted her claim was presented late due to circumstances beyond her control.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent as a hair and beauty salon employee.
- The claimant was dismissed on an unknown date.
- The claimant presented her unfair dismissal claim after the normal three-month time limit.
- The tribunal found it was not reasonably practicable for the claim to be presented in time, and it was presented within a reasonable period.
- The claimant was awarded a basic award of £656.00 and a compensatory award of £629.76 for unfair dismissal.
- The claimant was also awarded £1,353.98 for accrued but unpaid holiday pay.
Timeline
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Holiday pay payment
The respondent paid the claimant £209.92 for untaken leave.
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Dismissal
The claimant was dismissed by the respondent. Exact date not specified.
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First hearing
A preliminary hearing was held via VHS before Employment Judge Hughes to determine whether the unfair dismissal claim was presented in time.
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Judgment on time limit
Employment Judge Hughes ruled that the claim was presented within a reasonable time after the time limit expired.
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Final hearing
A final hearing was held in person before Employment Judge Lang to determine the merits and remedy.
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Judgment
Employment Judge Lang found the claimant was unfairly dismissed and awarded compensation.
The legal issue
The tribunal had to decide whether the employee's unfair dismissal claim was presented in time, and if not, whether it was reasonably practicable to present it in time. It also had to determine compensation for unfair dismissal and unpaid holiday pay.
The outcome
The tribunal ruled that the employee was unfairly dismissed and awarded a total of £2,639.74.
- Basic award: £656.00
- Compensatory award: £629.76 (for three weeks' loss of earnings)
- Unpaid holiday pay: £1,353.98 (net after tax and a previous payment)
The claim was presented late, but the tribunal accepted it because it was not reasonably practicable to present it in time, and it was presented within a reasonable period thereafter.
Lessons & takeaways
- If you miss the three-month deadline for an unfair dismissal claim, you can still bring it if you can show it was not reasonably practicable to file on time and you acted promptly afterwards.
- Keep records of all holiday taken and paid – the tribunal will calculate any unpaid holiday pay based on your contractual entitlement.
- Even if your employer does not attend the hearing, the tribunal can still rule in your favour if you provide sufficient evidence.
A late claim that succeeded
This case shows that missing the usual three-month deadline for an unfair dismissal claim does not always mean you lose your right to bring it. The employee, who worked at a hair and beauty salon, was dismissed and initially failed to present her claim in time. However, the tribunal accepted that it had not been reasonably practicable for her to do so, and she had acted promptly once the obstacle was removed.
What the employer could have done differently
The respondent, Mark Mills t/a Elegance Hair and Beauty, did not attend either hearing and was not represented. By failing to engage with the process, the employer lost the opportunity to challenge the claim or argue for a lower award. The tribunal proceeded on the evidence before it, which supported the employee's case.
Why this result matters
For employees in similar situations, this case is a reminder that the time limit for unfair dismissal claims can be extended in exceptional circumstances. It also highlights that unpaid holiday pay can be claimed separately and is calculated based on your contractual entitlement, not just the statutory minimum. The total award of £2,639.74, while modest, covered both the unfair dismissal loss and the holiday pay that was owed.
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