Age-related harassment and unpaid wages: former employee awarded £37,873
A former employee was awarded over £37,000 after colleagues repeatedly called him 'old man' and 'grandpa', and the company made unauthorised deductions from his wages and failed to pay holiday pay.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The respondent made unauthorised deductions from the claimant's wages from November 2019 to September 2020.
- The respondent dismissed the claimant without notice, breaching the contract.
- The respondent failed to pay the claimant for accrued but untaken holiday upon termination.
- Colleagues repeatedly referred to the claimant as 'old man' and 'grandpa' from March 2020 to October 2020.
- The respondent unreasonably failed to comply with the ACAS Code of Practice.
Timeline
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Start of unauthorised deductions
The respondent began making unauthorised deductions from the claimant's wages.
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Harassment begins
Colleagues started referring to the claimant as 'old man' and 'grandpa', constituting age-related harassment.
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Employment ended
The claimant's employment ended, and the respondent failed to pay for accrued holiday.
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Hearing
The employment tribunal heard the case at Midlands West.
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Judgment issued
The tribunal found in favour of the claimant on all complaints and awarded damages.
The legal issue
The tribunal had to decide whether the employer made unauthorised deductions from wages, breached contract by dismissing without notice, failed to pay holiday pay, and harassed the employee related to age.
The outcome
The tribunal upheld all complaints. The company was ordered to pay a total of £37,873.52, including:
- £3,876.75 for unauthorised wage deductions
- £1,184.50 for breach of contract (notice pay), including a 15% ACAS uplift
- £3,674.46 for unpaid holiday pay
- £22,500 for injury to feelings for age-related harassment, including a 25% ACAS uplift
- £6,637.81 interest on the injury to feelings award
Lessons & takeaways
- Employers must not make deductions from wages without the employee's consent or legal authority.
- Dismissing an employee without notice is a breach of contract unless the employee is guilty of gross misconduct.
- Accrued holiday pay must be paid on termination of employment.
- Repeated age-related nicknames like 'old man' can amount to unlawful harassment under the Equality Act 2010.
- Failure to follow the ACAS Code of Practice can lead to an uplift of up to 25% on compensation.
What this case shows in practice
This case highlights how a combination of financial mismanagement and workplace culture can lead to significant legal liability. The former employee faced unauthorised deductions from his wages over nearly a year, was dismissed without notice, and was not paid for accrued holiday. At the same time, colleagues repeatedly referred to him as 'old man' and 'grandpa' — comments that the tribunal found amounted to age-related harassment.
What the employer could have done differently
The company, which is now in creditors' voluntary liquidation, did not attend the hearing. Had it done so, it might have avoided the ACAS Code uplift by engaging properly with the employee. It could have ensured wage deductions were authorised, given contractual notice, paid holiday pay, and taken steps to stop the harassment — all of which would have reduced or eliminated the compensation.
Why the result matters
This decision reinforces that even when an employer is struggling financially, basic employment rights still apply. The awards for injury to feelings and the ACAS uplifts show that tribunals take a dim view of both discrimination and procedural failures. For employees, it demonstrates that bringing multiple linked claims can be effective, especially when the employer fails to engage.
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