Former employee awarded £476 in unpaid wages and holiday pay after employer conceded claim
A former employee won a partial victory for unpaid wages, holiday pay and notice pay, but her unfair dismissal claim was struck out due to insufficient service. The tribunal ordered £476.39 in compensation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent and brought claims for unpaid wages, holiday pay, notice pay, and failure to provide payslips.
- The unfair dismissal claim was struck out because the claimant had less than two years' service.
- The respondent conceded the money claims and paid all but £476.39 before the hearing.
- The claimant rejected the respondent's offer to pay the remaining £476.39 in December 2022.
- The tribunal found that the respondent had provided payslips via an online portal which the claimant failed to access.
- The respondent's application for costs was refused as the claimant did not act unreasonably.
Timeline
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Employment ended
The claimant's employment contract with the respondent ended on this date.
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Claim presented
The claimant presented her claim to the employment tribunal, including unfair dismissal, breach of contract, unpaid holiday pay, and failure to provide payslips.
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Strike out warning
The tribunal gave the claimant an opportunity to show why the unfair dismissal claim should not be struck out due to insufficient service.
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Unfair dismissal struck out
Employment Judge Corrigan struck out the unfair dismissal claim because the claimant had less than two years' service and failed to respond.
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Respondent's settlement offer
The respondent offered to pay the remaining £476.39 to settle the money claims, with costs warnings.
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Full merits hearing
The tribunal heard the remaining claims for unpaid monies and payslips. The respondent conceded the money claim, and the payslip claim was dismissed.
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Judgment sent
The tribunal's judgment ordering payment of £476.39 was sent to the parties.
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Costs application
The respondent applied for costs, arguing the claimant acted unreasonably by not accepting the settlement offer.
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Costs decision
Employment Judge Aspinall refused the costs application, finding the claimant did not act unreasonably.
The legal issue
The tribunal had to decide whether the former employee was entitled to unpaid wages, holiday pay and notice pay, and whether the employer had failed to provide adequate payslips.
The outcome
The tribunal ordered Without Exceptions Ltd to pay £476.39 to the former employee for unpaid wages, holiday pay and notice pay. The employer had already paid most of the claimed amount before the hearing.
The claim for failure to provide payslips was dismissed because the tribunal found the employer had set up an online portal for payslips, which the claimant did not access in time.
The unfair dismissal claim was struck out earlier because the claimant had less than two years' service and did not respond to the tribunal's warning.
Compensation breakdown:
- 75 hours' notice pay: £712.50
- 2 weeks' statutory sick pay: £198.70
- 52.5 hours' annual leave: £498.75
- 37 hours' unpaid wages: £351.50
- 1 sleep night: £45.00
- Less amounts already paid: £1,330.06 and £557.27
- Balance: £476.39
Lessons & takeaways
- Employees with less than two years' service cannot bring unfair dismissal claims, but can still claim unpaid wages and holiday pay.
- If an employer offers to settle a claim before a hearing, rejecting the offer may lead to a costs application if the tribunal later finds you acted unreasonably.
- Employers can satisfy payslip obligations by providing online access, as long as they take reasonable steps to ensure the employee can use it.
- Keeping records of all communications and accessing employer-provided portals promptly can help avoid disputes over payslips.
A partial win for unpaid wages
This case shows that even when an unfair dismissal claim is doomed from the start, employees can still pursue other claims for money they are owed. The former employee had less than two years' service, so her unfair dismissal claim was struck out. But her claims for unpaid wages, holiday pay and notice pay survived.
What the employer could have done differently
Without Exceptions Ltd conceded the money claims early in the hearing, but had already paid most of the amount before the hearing. The tribunal noted that the employer offered to pay the remaining £476.39 in December 2022, but the claimant rejected that offer. The employer then applied for costs, arguing the claimant acted unreasonably by not accepting. However, the tribunal refused the costs application, finding the claimant did not act unreasonably.
Why this matters for similar claims
This case is a reminder that employers must provide payslips, but online access can be sufficient if the employee is given the means to use it. The tribunal found the employer had issued credentials for an online portal, which the claimant did not use in time. The claim for failure to provide payslips was therefore dismissed.
For employees, the key takeaway is that you can still claim unpaid wages even if you cannot claim unfair dismissal. But rejecting a reasonable settlement offer may carry risks, especially if the tribunal later finds the offer was fair.
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