Catering worker wins National Minimum Wage claim but loses unfair dismissal and harassment claims
A former catering worker was awarded £1,671.15 after her employer failed to pay the National Minimum Wage and provide a written contract. Her claims for unfair dismissal, wrongful dismissal, and harassment related to sex were dismissed.
1 min read · Last updated 19 May 2026
Case details
- #national-minimum-wage
- #holiday-pay
- #unfair-dismissal
- #wrongful-dismissal
- #harassment-related-to-sex
- #written-pay-statement
Key facts
- The claimant was employed by the respondents as a catering worker.
- The claimant brought claims for unauthorised deductions from wages, holiday pay, unfair dismissal, wrongful dismissal, harassment related to sex, and failure to provide a written contract.
- The respondents applied to strike out several claims, which were partially granted.
- The claim for unauthorised deductions regarding National Minimum Wage succeeded, awarding £1,409.55.
- The claim for failure to provide a written contract succeeded, awarding £261.60.
- The total award was £1,671.15.
Timeline
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Claimant's employment ended
The claimant's employment with the respondents terminated on or around this date.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Full merits hearing began
The substantive hearing took place over three days.
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Judgment given
Employment Judge G. King issued the judgment on the claims.
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Judgment sent to parties
The written judgment was sent to the parties.
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Preliminary hearing on costs
A preliminary hearing was held regarding costs and preparation time applications.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, whether there were unauthorised deductions from wages (including National Minimum Wage and holiday pay), whether there was harassment related to sex, and whether the employer failed to provide a written contract.
The outcome
The tribunal partially upheld the claimant's case. It found that the employer made unauthorised deductions from wages by failing to pay the National Minimum Wage, awarding £1,409.55. It also found that the employer failed to provide a written contract, awarding £261.60. The total compensation was £1,671.15.
The tribunal dismissed the claims for:
- Unfair dismissal
- Wrongful dismissal
- Holiday pay
- Harassment related to sex
- Unauthorised deductions regarding a tax rebate
A claim for failure to provide itemised payslips was struck out as out of time.
Lessons & takeaways
- Employers must pay at least the National Minimum Wage for all hours worked, including overtime.
- Workers are entitled to a written statement of employment particulars within two months of starting work.
- Claims for unauthorised deductions from wages must be brought within three months of the deduction.
- Unfair dismissal claims require two years' continuous service unless the dismissal is for an automatically unfair reason.
A mixed outcome for a catering worker
This case shows that even when some claims fail, others can succeed. The former employee brought a wide range of claims against her former employer, a catering business. The tribunal found that the employer had failed to pay the National Minimum Wage and had not provided a written contract, resulting in a total award of £1,671.15.
However, her claims for unfair dismissal, wrongful dismissal, and harassment related to sex were all dismissed. The tribunal also struck out a claim about a tax rebate and a claim for itemised payslips as out of time.
What the employer could have done differently
The employer could have avoided the successful claims by ensuring they paid at least the National Minimum Wage for all hours worked and by providing a written contract. The failure to do so was a clear breach of employment law. The employer also successfully defended the other claims, but the cost of the hearing and the award could have been avoided with proper compliance.
Why this matters for similar claims
This case is a reminder that employees can bring multiple claims in one tribunal application, but each claim must be assessed on its own merits. The tribunal will not assume that because one claim fails, all will fail. It also highlights the importance of time limits: claims for unauthorised deductions must be brought within three months of the deduction. For workers considering a claim, it is worth noting that the tribunal will scrutinise each claim carefully, and even a partially successful case can result in compensation.
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