Partial win £4,172 awarded Employment Tribunal · 31 July 2023

Unpaid wages and notice pay: a successful claim without unfair dismissal

A former employee won over £4,100 in unpaid wages and notice pay, but their unfair dismissal claim failed for lack of two years' service.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed by the respondent.
  • The claimant claimed notice pay, unlawful deduction from wages, and unfair dismissal.
  • The respondent did not attend the hearing.
  • The claimant did not have two years' continuous service for an unfair dismissal claim.
  • The tribunal found the claims for notice pay and unlawful deduction succeeded.

Timeline

  1. Unpaid wages for part of November

    The claimant was not paid £789.91 gross pay for part of November 2022.

  2. Unpaid wages for December

    The claimant was not paid £2,574.91 gross pay for December 2022.

  3. Hearing

    The hearing took place at Liverpool Employment Tribunal by video.

  4. Judgment issued

    Employment Judge Buzzard issued the judgment.

The outcome

The tribunal found in favour of the employee on the claims for notice pay and unlawful deduction from wages. The unfair dismissal claim was dismissed because the employee did not have the necessary two years' continuous service.

Compensation:

  • Notice pay: £807.65
  • Unpaid wages (November and December 2022): £3,364.82
  • Total: £4,172.47

Lessons & takeaways

  • Check your continuous service length before bringing an unfair dismissal claim – you generally need two years.
  • Keep records of unpaid wages and any contractual notice periods to support your claim.
  • Employers who fail to attend hearings risk default judgments against them.

This case shows that even without the two-year service requirement for unfair dismissal, employees can still recover unpaid wages and notice pay. The former employee, representing themselves, successfully claimed for wages owed for November and December 2022, as well as one week's notice pay.

Unique Training Group Ltd did not attend the hearing, which meant the tribunal decided based on the employee's evidence. The employer could have avoided this by engaging with the process or paying the sums owed earlier.

The result highlights a key point for employees: while unfair dismissal protection requires two years' service, other claims like unlawful deduction from wages and notice pay do not. This case is a reminder to check all possible claims before assuming you have no legal recourse.

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