Unpaid wages, holiday pay and unfair dismissal: employer who failed to respond loses
A former employee was awarded over £1,100 after her employer failed to pay her final week's wages and holiday pay, and unfairly dismissed her. The employer did not file a response to the claim.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent from May 2019 until 4 May 2022.
- The respondent failed to pay the claimant for her last week of work (£78.40).
- The respondent failed to pay accrued holiday pay (£156.80).
- The respondent did not provide a written statement of terms and conditions.
- The claimant was unfairly dismissed on 4 May 2022.
- The respondent did not file a response to the claim.
Timeline
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Employment started
The claimant began employment with the respondent, with a leave year starting in May.
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Last week worked
The claimant worked her final week up to 30 April 2022, for which she was not paid.
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Dismissal
The claimant was unfairly dismissed by the respondent.
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Notice period expiry
The claimant's two-week notice period would have expired on 18 May 2022.
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Hearing and judgment
The employment tribunal heard the case and issued a judgment in favor of the claimant.
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Reconsideration application
The respondent applied for reconsideration of the judgment.
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Reconsideration refused
Employment Judge Lancaster refused the reconsideration application.
The legal issue
The tribunal had to decide whether the claimant's claims for unauthorised deduction from wages, unpaid holiday pay, and unfair dismissal were well-founded, and whether the claims were presented in time.
The outcome
The tribunal ruled in favour of the former employee on all claims.
The key reasons were:
- The employer made an unauthorised deduction of £78.40 for the last week worked.
- The employer failed to pay £156.80 in accrued holiday pay.
- The claimant was unfairly dismissed on 4 May 2022.
- The employer did not provide a written statement of terms, triggering a maximum uplift of 4 weeks' pay under section 38 of the Employment Act 2002.
Compensation:
- Unauthorised deduction: £78.40
- Holiday pay: £156.80
- Section 38 uplift: £313.60
- Basic award for unfair dismissal: £352.80
- Loss of statutory rights: £200.00
- Total: £1,101.60
Lessons & takeaways
- Employers who fail to respond to a tribunal claim risk a default judgment against them, with limited ability to challenge the outcome.
- Employees should be aware that claims for unpaid wages and holiday pay can be brought together with an unfair dismissal claim in the same proceedings.
- Failure to provide a written statement of terms can result in an additional award of up to four weeks' pay, even if the employee has no other losses.
- The tribunal may extend the time limit for presenting a claim if it was not reasonably practicable to do so earlier, and the claim was presented within a reasonable time thereafter.
A case of multiple failures
This case illustrates what can happen when an employer fails to meet several basic legal obligations at once. The former employee was not paid for her final week of work, did not receive her accrued holiday pay, was not given a written contract, and was dismissed without any proper process. The employer did not even file a response to the tribunal claim, meaning the case was decided largely on the employee's evidence.
What the employer could have done differently
The employer could have avoided this outcome by simply paying the wages and holiday pay owed, providing a written statement of terms, and following a fair dismissal procedure. Even after the claim was filed, filing a response and engaging with the process might have limited the damages. Instead, by staying silent, the employer allowed the tribunal to make a default judgment, and a subsequent application for reconsideration was refused.
Why this matters for similar claims
For employees, this case shows that even relatively small amounts of unpaid wages and holiday pay can be pursued through the tribunal, and that a failure to provide written terms can add a significant uplift. It also highlights the importance of bringing all related claims together. For employers, it is a reminder that ignoring tribunal proceedings is almost always a losing strategy.
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