Unfair dismissal and unpaid redundancy: employer fails to attend tribunal
A former employee was unfairly dismissed and awarded over £7,600 in compensation after her employer failed to pay redundancy, notice, holiday pay, and statutory sick pay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed by the respondent.
- The dismissal was unfair.
- The respondent failed to pay redundancy payment, notice pay, holiday pay, and statutory sick pay.
- The claimant did not receive a written contract of employment.
- The respondent did not attend the hearing.
Timeline
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Prescribed period start
Start of the prescribed period for recoupment of benefits.
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Prescribed period end
End of the prescribed period for recoupment of benefits.
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Hearing
The employment tribunal hearing took place remotely by CVP.
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Judgment date
Employment Judge Rice-Birchall issued the judgment.
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Judgment sent to parties
The written record of the decision was sent to the parties.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether she was entitled to a redundancy payment, notice pay, holiday pay, statutory sick pay, and a written contract of employment.
The outcome
The tribunal ruled in favour of the claimant, finding that she was unfairly dismissed and that the respondent had failed to meet its obligations.
- Compensatory award: £2,738.50 (including a prescribed element of £956 for recoupment of benefits, with a net payment of £1,782.50 to the claimant)
- Redundancy payment: £1,729
- Notice pay: £1,673 (net)
- Holiday pay: £221.25 (gross)
- Statutory sick pay: £272
- Failure to provide a written contract: £988
- Total: £7,622.75
Lessons & takeaways
- Employers must attend tribunal hearings or risk a default judgment; failure to appear can lead to a full award against them.
- Employees are entitled to a written contract of employment; failing to provide one can result in a separate award of up to four weeks' pay.
- Statutory sick pay, holiday pay, and notice pay are legal entitlements that cannot be withheld without justification.
- A redundancy payment is due when an employee is dismissed by reason of redundancy, even if the employer disputes the dismissal.
What this case shows in practice
This case highlights the consequences for employers who fail to engage with the tribunal process. The claimant, a former employee of Kirwan and Sons Limited, was dismissed and left without redundancy pay, notice pay, holiday pay, or statutory sick pay. The employer did not attend the hearing, leaving the tribunal to decide based on the claimant's evidence alone.
What the losing side could have done differently
Kirwan and Sons Limited could have avoided this outcome by attending the hearing and presenting its case. Even if the dismissal was genuinely for redundancy, the employer was required to follow a fair process and make the statutory payments. By failing to appear, the employer lost the opportunity to argue its position, and the tribunal awarded the claimant everything she claimed.
Why the result matters for similar claims
This case serves as a reminder that employment rights are enforceable even when an employer is absent. Employees who are dismissed without proper notice or payment should consider bringing a claim, as tribunals will uphold their entitlements. The award of £988 for failing to provide a written contract also underscores that employers must comply with this basic requirement.
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