Restaurant employee wins £2,579 for unpaid wages and holiday pay after constructive dismissal

A short employment, but clear obligations

This case shows that even a brief period of employment does not absolve an employer of its duty to pay what is owed. The employee worked for just over four months at Bourgee restaurant before resigning without notice, claiming constructive dismissal. Her employer, Morgarten Restaurants Ltd (now in liquidation), failed to pay her final wages for 16 days worked in May 2022, along with accrued holiday pay and notice pay.

The tribunal had to decide whether the deductions were unlawful and whether the employee was entitled to notice pay after leaving without notice. Because the company did not attend the hearing or respond to the claim, the tribunal relied on the employee's evidence, which was found to be credible and well-documented.

What the employer could have done differently

Had the employer engaged with the process, it might have contested the constructive dismissal element or argued that the holiday pay calculation was incorrect. However, by failing to appear or present any defence, the company left the tribunal with no alternative but to accept the employee's figures. The key lesson for employers is that ignoring tribunal proceedings does not make the claim go away — it often results in a default judgment.

Why this result matters

The award of £2,579 is modest, but it underscores a fundamental principle: employees are entitled to be paid for the work they have done and for the holiday they have accrued, regardless of how their employment ends. The fact that the employee found a new job within a week also limited the notice pay claim, demonstrating that taking steps to mitigate loss can strengthen a claim. For employees in similar situations, this case is a reminder that even short service does not bar a claim for unpaid wages and holiday pay, and that the tribunal system can provide a remedy even when the employer is uncooperative.