Short-service employee wins wage claim but unfair dismissal struck out

When short service blocks unfair dismissal but other claims succeed

This case shows how employment rights can be a mixed bag for employees with less than two years' service. The former employee had worked for Miss Sparkles 2 You Ltd for under two years when she was dismissed. Because of that short service, the law prevented her from bringing an unfair dismissal claim — the tribunal struck it out early.

However, the employee had other complaints that did not depend on length of service. She claimed the employer had made an unauthorised deduction from her wages of £312.50, and had breached her contract by not paying agreed fuel costs. The tribunal upheld both claims, awarding her a total of £340.10.

What the employer could have done differently

The employer could have avoided the wage deduction claim by ensuring any deduction was properly authorised — for example, by having a clear contractual term or obtaining the employee's written consent. The fuel cost dispute suggests a breakdown in communication or record-keeping; a clear written policy on expenses might have prevented the breach.

Why this matters for similar claims

For employees, the key takeaway is that even if you cannot claim unfair dismissal due to short service, you may still have other valid claims — such as unauthorised deductions, breach of contract, or discrimination. For employers, the case is a reminder that the two-year service threshold does not give blanket immunity from all employment claims. Deductions from wages and contractual promises must still be handled correctly, regardless of how long someone has worked for you.