Shop assistant with 20 years' service wins constructive dismissal claim over unpaid National Minimum Wage
A shop assistant who worked for 20 years without pay, then for below the National Minimum Wage, has won her constructive dismissal claim. The tribunal found she was subjected to detriments for asserting her right to be paid.
2 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant worked in the respondent's convenience store from 2002 until October 2022.
- She was not paid any wages until March 2022, despite the respondent declaring wages to HMRC since 2018.
- From March 2022 she was paid £250 per week, which was below the National Minimum Wage for 40 hours worked.
- The claimant was subjected to detriments including being made to clean toilets and take large deliveries alone when she asked for wages.
- She was denied time off to visit her ill father and for other family events.
- The claimant resigned on 15 October 2022 after the respondent stopped paying her wages.
Timeline
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Started work
The claimant began working in the family convenience store, initially without wages.
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Company incorporated
The respondent became a limited company. The claimant was made a director and shareholder but had no involvement in financial decisions.
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Argument about time off
A video recorded an argument where the claimant asked to visit her ill father; she was refused and told 'there is something inherently wrong with you'.
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Agreed to pay £250 per week
After the claimant left for Huddersfield, it was agreed she would be paid £250 per week and be allowed time off.
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First wage payment
The respondent began paying the claimant £250 per week in cash, without payslips.
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Last wage payment
The claimant received her last £250 payment; no further wages were paid.
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Resignation
After an argument about unpaid wages, the police were called and the claimant left the home and employment, never to return.
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ACAS early conciliation started
The claimant initiated early conciliation with ACAS.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant was entitled to the National Minimum Wage, whether she was subjected to detriments for asserting that right, and whether she was constructively unfairly dismissed.
The outcome
The tribunal upheld all of the claimant's complaints:
- National Minimum Wage: The claimant was not paid any wages until March 2022, and then only £250 per week for 40 hours, well below the NMW.
- Detriment: She was subjected to adverse treatment, including being made to clean toilets and take large deliveries alone, after asking for wages.
- Constructive dismissal: The respondent's conduct, including stopping wages entirely, amounted to a fundamental breach of contract, entitling her to resign.
A remedy hearing will be listed to determine compensation.
Lessons & takeaways
- Employees are entitled to the National Minimum Wage regardless of family or business relationships.
- Asserting your right to be paid is a protected act; any subsequent mistreatment can be a detriment claim.
- Constructive dismissal can arise from a pattern of behaviour, not just a single incident, especially when it destroys trust and confidence.
- Keeping records of unpaid wages and communications about pay is crucial for building a claim.
- ACAS early conciliation is a mandatory first step before bringing an employment tribunal claim.
20 years of work, little to no pay
This case highlights a stark example of exploitation within a family-run business. The claimant worked in the respondent's convenience store from 2002 until October 2022. Remarkably, she received no wages at all until March 2022, despite the company declaring wages to HMRC from 2018. When she finally did get paid, it was £250 per week for 40 hours — well below the National Minimum Wage.
The breaking point
The claimant's requests for proper pay were met with hostility. She was made to clean toilets and handle large deliveries alone. When she asked for time off to visit her ill father, she was refused and told 'there is something inherently wrong with you'. The final straw came in October 2022 when the respondent stopped paying her wages entirely. After an argument, the police were called, and she left both the home and the job.
What the tribunal decided
The tribunal unanimously found that the respondent had failed to pay the National Minimum Wage, subjected the claimant to detriments for asserting her right to be paid, and constructively dismissed her. The respondent's conduct — from the years of non-payment to the punitive treatment when she asked for wages — amounted to a fundamental breach of the implied term of trust and confidence. The claimant was entitled to resign and claim unfair dismissal.
What could have been done differently
The respondent could have avoided this outcome by simply paying the claimant the National Minimum Wage from the start. Even when the £250 per week arrangement was agreed, it was still below the legal minimum. The respondent also failed to provide payslips or keep proper records. When the claimant raised concerns, instead of addressing them, the respondent subjected her to detriments. A proper wage structure and respectful treatment would have prevented this claim.
Why this matters
This case serves as a reminder that employment rights apply to everyone, including family members working in small businesses. The National Minimum Wage is a legal entitlement, not a matter of negotiation. Employees who are denied wages or mistreated for asking for them have strong claims. The tribunal's decision also confirms that a pattern of behaviour over time can amount to constructive dismissal, even without a single dramatic event.
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