Former employee wins over £3,000 after employer fails to attend hearing
A former employee with less than two years' service has been awarded £3,095.34 for unlawful deductions, wrongful dismissal, and failure to provide written particulars after her employer failed to attend the final hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent for less than two years.
- The unfair dismissal complaint was struck out due to insufficient service.
- The respondent failed to attend the final hearing despite proper notification.
- The claimant was awarded £1,205.34 for unlawful deductions from wages.
- The claimant was awarded £630 for breach of contract (wrongful dismissal).
- The claimant was awarded £1,260 for failure to provide a written statement of employment particulars.
Timeline
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Unfair dismissal complaint struck out
Employment Judge Meichen struck out the unfair dismissal complaint because the claimant had less than two years' service.
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Final hearing
The final hearing took place at Birmingham by Cloud Video Platform. The respondent did not attend. The tribunal proceeded in their absence.
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Judgment issued
Employment Judge L Knowles found the claims of unlawful deductions, breach of contract, and failure to provide written particulars well founded and awarded total damages of £3,095.34.
The legal issue
Whether the employer made unlawful deductions from wages, breached the employment contract by dismissing without notice, and failed to provide a written statement of employment particulars.
The outcome
The tribunal ruled in favour of the former employee on all three claims.
- Unlawful deductions from wages: £1,205.34
- Breach of contract (wrongful dismissal): £630
- Failure to provide written particulars: £1,260
Total award: £3,095.34.
Lessons & takeaways
- Employers must provide a written statement of employment particulars within two months of the start of employment, or face penalties.
- Dismissing an employee without notice is a breach of contract unless the employee has committed gross misconduct.
- Failure to attend a tribunal hearing can result in a default judgment against the absent party.
This case shows how employment tribunals can still deliver justice even when the employer fails to engage with the process. The former employee brought claims for unlawful deductions from wages, wrongful dismissal, and failure to provide a written statement of employment particulars. Despite being properly notified, the respondent did not attend the final hearing, leaving the tribunal to decide based on the former employee's evidence alone.
What the employer could have done differently
Had the employer attended the hearing or submitted evidence, they might have been able to challenge the claims. Instead, their absence meant the tribunal accepted the former employee's account without opposition. Employers who ignore tribunal proceedings risk having a judgment made against them by default.
Why this result matters
This case highlights that even employees with less than two years' service can bring certain claims, such as for unlawful deductions and breach of contract. The award for failure to provide written particulars—two weeks' pay—serves as a reminder that employers must comply with the legal requirement to give employees a written statement of their main terms and conditions.
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