Former employee awarded £5,285 for unpaid wages, holiday pay and expenses
A former employee of Head Projects Ltd has won a claim for unlawful deduction of wages, holiday pay, an HMRC refund and expenses, totalling £5,285.68.
1 min read · Last updated 18 May 2026
Case details
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- #unpaid-wages
- #accrued-holiday-pay
- #hmrc-refund
- #expenses
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant's unfair dismissal claim was struck out due to insufficient service.
- The respondent's response was struck out for not being actively pursued.
- The respondent unlawfully deducted wages for July 2021, holiday pay, HMRC refund, and expenses.
- The total award was £5,285.68.
Timeline
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Employment period
The claimant was employed by Head Projects Ltd. The exact start date is not stated, but the claim concerns July 2021 wages.
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End of employment
The claimant left employment, with unpaid wages and holiday pay.
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First strike out judgment
Employment Judge Anstis struck out the unfair dismissal claim due to insufficient service.
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Notice to respondent
The tribunal gave the respondent an opportunity to show cause why the response should not be struck out.
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Second strike out judgment
Employment Judge Eeley struck out the respondent's response for not being actively pursued.
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Final hearing
Employment Judge R Wood heard the claim and awarded the claimant £5,285.68 for unlawful deductions.
The legal issue
The tribunal had to decide whether the respondent had unlawfully deducted wages, holiday pay, an HMRC refund and expenses from the claimant's pay.
The outcome
The tribunal allowed the claim and ordered Head Projects Ltd to pay the claimant £5,285.68.
- £3,669.37 for unpaid wages (July 2021)
- £1,115.31 for accrued holiday pay
- £456 for an HMRC refund
- £45 for expenses
Lessons & takeaways
- Employers must pay all wages, holiday pay and expenses due to employees, even if the employee has left the job.
- If an employer fails to respond to tribunal proceedings, the tribunal may strike out their response and decide the claim in the employee's favour.
- Employees with less than two years' service cannot claim unfair dismissal, but can still bring claims for unlawful deduction of wages.
What this case shows in practice
This case illustrates that even where an employee has less than two years' service and cannot bring an unfair dismissal claim, they can still recover unpaid wages, holiday pay and expenses. The claimant, a former employee of Head Projects Ltd, had his unfair dismissal claim struck out due to insufficient service, but his claim for unlawful deduction of wages succeeded.
The respondent did not actively pursue the case, leading to their response being struck out. As a result, the tribunal decided the claim based on the claimant's evidence alone.
What the respondent could have done differently
Head Projects Ltd could have avoided the claim by paying the wages, holiday pay, HMRC refund and expenses that were due. By failing to engage with the tribunal process, they lost the opportunity to present any defence.
Why the result matters
This case is a reminder that employers must comply with their obligations to pay all sums due to employees, regardless of the employee's length of service. Employees who are not paid what they are owed can bring a claim for unlawful deduction of wages, even if they cannot claim unfair dismissal.
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