Unpaid wages claim succeeds but health and safety dismissal claim fails
A tribunal awarded £3,510 for unpaid wages but dismissed claims that the worker was dismissed for raising health and safety concerns about a staircase.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked 26 days for the third respondent at £135 per day and was not paid.
- The claimant did not prove he raised health and safety concerns about the staircase.
- The claimant's unfair dismissal claims failed because he did not establish a protected disclosure or health and safety complaint.
- The claimant's employer was Newage Environmental Technology Limited, not Mr Razak personally.
- The claimant's application to amend his claim for additional payment for Nox hotels work was refused.
Timeline
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Started work
Claimant began working for the third respondent, including work at Nox hotels from 23-26 September.
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Alleged accident
Claimant claimed he slipped on an uneven staircase, but the tribunal found no accident occurred.
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Employment ended
Claimant was refused entry to the site and employment ended around this date.
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Claim presented
Claimant lodged ET1 claiming unfair dismissal, unpaid wages, and notice pay.
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Amendment application
Claimant applied to amend his claim to add protected disclosure and religious harassment claims.
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Case management hearing
EJ Reed struck out claims against Mr Razak personally and added third respondent.
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Reconsideration refused
EJ Reed refused reconsideration of strike-out decision.
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Final hearing day 1
Preliminary issues: reconsideration of amendment refusal and new amendment application, both refused.
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Final hearing day 2
Substantive hearing of unfair dismissal and unlawful deduction claims.
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Judgment issued
Tribunal found unlawful deductions of £3,510 but dismissed unfair dismissal claims.
The legal issue
The tribunal had to decide whether the worker was unfairly dismissed for raising health and safety concerns or making a protected disclosure about an uneven staircase, and whether the employer made unlawful deductions from wages.
The outcome
The tribunal found that the employer, Newage Environmental Technology Limited, made unlawful deductions from the worker's wages for 26 days of work at £135 per day, totalling £3,510. However, the worker's unfair dismissal claims were dismissed because he did not prove he had raised any health and safety concerns or made a protected disclosure about the staircase before his dismissal.
- Unlawful deduction from wages: £3,510 awarded.
- Unfair dismissal claims: Dismissed in full.
Lessons & takeaways
- To bring a successful health and safety dismissal claim, you must show you actually raised a specific health and safety concern with your employer before being dismissed.
- Keep clear records of any complaints you make about workplace safety, including dates, times, and to whom you spoke.
- If you are not paid for work you have done, you can bring an unlawful deduction from wages claim regardless of whether your dismissal claim succeeds.
- Ensure you name the correct legal entity as your employer – a company director is not usually your employer unless there is a clear personal agreement.
A short employment, a disputed staircase, and a partial victory
The worker had only been employed by Newage Environmental Technology Limited for about a month when his employment ended. He claimed he slipped on an uneven staircase at a client's site and was then refused entry to the site and effectively dismissed. He argued this was because he had raised health and safety concerns about the staircase, making his dismissal automatically unfair.
However, the tribunal found that the worker had not actually raised any health and safety concerns with his employer before his dismissal. The evidence did not support his account of an accident or a complaint. As a result, his claims for unfair dismissal based on health and safety or protected disclosure failed.
What the employer could have done differently
The employer could have avoided the unlawful deduction claim simply by paying the worker for the days he worked. The tribunal found that the worker was not paid for 26 days at £135 per day, a total of £3,510. Even though the dismissal claims failed, the employer was still ordered to pay this sum.
Why this case matters
This case highlights the importance of having clear evidence when bringing a health and safety dismissal claim. Simply believing you were dismissed for raising a concern is not enough – you must be able to show that you actually made a complaint. It also shows that even if your main claim fails, you may still recover unpaid wages if you can prove you worked but were not paid.
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