Unpaid wages and no written contract: former employee awarded £1,045
A former employee who worked for less than two years won £1,045 for unlawful deduction of wages and failure to provide written particulars. His unfair dismissal claim was struck out due to insufficient service.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent for less than two years.
- The claimant succeeded in his complaint of unlawful deduction from wages for work done in October 2021.
- The claimant was not provided with written particulars of employment.
- The respondent's application for reconsideration was refused because the evidence could have been obtained earlier.
Timeline
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Work done in October 2021
The claimant performed work for the respondent in October 2021 for which he was not paid.
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First judgment on unfair dismissal struck out
Employment Judge Swann struck out the unfair dismissal complaint because the claimant had less than two years' service.
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Hearing on unlawful deduction and written particulars
Employment Judge Fredericks heard the case and found the claimant suffered an unlawful deduction of £298.72 and awarded two weeks' pay (£746.80) for lack of written particulars.
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Judgment issued
The tribunal ordered the respondent to pay £1,045.52 in total.
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Respondent applied for reconsideration
The respondent applied to reconsider the award for lack of written particulars, claiming to have found a contract.
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Reconsideration refused
Employment Judge Fredericks refused the application, finding the evidence could have been obtained earlier and was disputed.
The legal issue
The tribunal had to decide whether the employee had enough service to claim unfair dismissal (he did not) and whether the employer had unlawfully deducted wages and failed to provide written particulars.
The outcome
The tribunal struck out the unfair dismissal claim because the employee had less than two years' service, as required by section 108 of the Employment Rights Act 1996.
The employee succeeded on two other claims:
- Unlawful deduction from wages: £298.72 for work done in October 2021.
- Failure to provide written particulars: £746.80 (two weeks' pay under section 38 Employment Act 2002).
Total award: £1,045.52.
The employer's application for reconsideration was refused because the evidence it relied on could have been obtained earlier.
Lessons & takeaways
- Employees with less than two years' service cannot bring an unfair dismissal claim, but may still have other claims such as unlawful deduction of wages.
- Employers must provide written particulars of employment; failing to do so can result in an award of two to four weeks' pay.
- If you are not paid for work you have done, you can bring a claim for unlawful deduction from wages regardless of your length of service.
- Tribunals expect parties to bring all relevant evidence to the hearing; late applications for reconsideration based on evidence that could have been obtained earlier are unlikely to succeed.
This case shows that even when an unfair dismissal claim fails due to the two-year service requirement, employees can still win compensation for other breaches of employment law. The former employee worked for Premier Recruitment Derby for less than two years and was not paid for work carried out in October 2021. He also never received a written statement of his employment terms.
What the employer could have done differently
Premier Recruitment Derby could have avoided the £1,045 award by simply paying the employee for the work he did and providing him with a written contract at the start of his employment. The employer's attempt to challenge the written particulars award after the hearing failed because the contract it claimed to have found could have been produced earlier.
Why this matters
This case is a reminder that employment rights are not limited to unfair dismissal. Claims for unpaid wages and failure to provide written particulars are straightforward and can succeed even with short service. Employees should keep records of hours worked and any communications about pay. Employers should ensure they comply with basic obligations from day one.
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