Civil engineer awarded £5,819 after employer entered liquidation without paying wages
A civil engineer who was dismissed without notice and not paid his final wages, holiday pay, or notice pay has been awarded £5,819 by an employment tribunal. The employer had since gone into liquidation.
1 min read · Last updated 19 May 2026
Case details
- #breach-of-contract
- #unlawful-deduction
- #holiday-pay
- #notice-pay
- #s38-uplift
- #insolvency
- #no-payslips
Key facts
- The claimant was employed as a civil engineer from 4 January 2022 to 25 March 2022.
- The respondent went into creditors voluntary liquidation on 18 May 2023.
- The claimant did not receive a contract or payslips during employment.
- The claimant was dismissed without notice and his personal items were not returned.
- The respondent failed to pay arrears of wages, holiday pay, and notice pay.
Timeline
-
Employment started
Claimant began employment as a civil engineer.
-
Employment ended
Claimant was dismissed without notice.
-
Early conciliation started
Early conciliation between 5 and 28 April 2022.
-
Early conciliation ended
Early conciliation certificate issued.
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Claim presented
Claimant presented claims for unpaid wages, breach of contract, holiday pay, and unfair dismissal.
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Unfair dismissal struck out
Employment Judge Broughton struck out the unfair dismissal claim due to insufficient service.
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Respondent entered liquidation
Respondent went into creditors voluntary liquidation.
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Final merits hearing
Employment Judge Perry heard evidence and assessed sums.
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Judgment issued
Final judgment ordering payment of £5,819.00.
The legal issue
Whether the employer made unlawful deductions from wages, breached contract by not paying notice and holiday pay, and failed to provide written particulars, and what compensation should be awarded.
The outcome
The tribunal ruled in favour of the civil engineer, ordering the respondent (now in liquidation) to pay £5,819 in total.
- Notice pay: £600 (one week)
- Arrears of pay: £1,400 (March wages of £2,400 less £1,000 already paid)
- Holiday pay: £600 (one week, no leave taken)
- Personal items left in works van: £819
- Section 38 uplift (failure to provide contract/payslips): £2,400 (four weeks' pay)
The tribunal also noted that the claimant may need to claim from the National Insurance Fund due to the employer's insolvency.
Lessons & takeaways
- Even if your employer goes into liquidation, you can still pursue a tribunal claim for unpaid wages and other sums, though enforcement may be limited.
- Employers must provide a written contract and payslips; failure to do so can result in an additional award of up to four weeks' pay.
- Keep records of your hours and pay, especially if your employer does not provide payslips, as this will help you calculate your losses.
- If you are dismissed without notice, you may be entitled to notice pay even if you have less than two years' service.
A short employment, a long fight for pay
This case shows what can happen when an employer fails to meet basic legal obligations from the start. The civil engineer worked for just under three months, from January to March 2022, but never received a written contract or payslips. When he was dismissed without notice, his personal belongings were left in the company van and not returned. The employer also failed to pay his final month's wages in full, along with any holiday pay or notice pay.
What the employer could have done differently
The respondent, 2010 OPTICS LTD, could have avoided this claim entirely by simply paying the wages and holiday pay owed, and by returning the claimant's property. Providing a written contract and payslips would have prevented the additional £2,400 uplift under section 38 of the Employment Act 2002. Even after the claim was filed, the company's failure to respond or engage with the tribunal meant the judgment was made in its absence.
Why this result matters
Although the claimant won, the employer had already entered creditors' voluntary liquidation by the time of the hearing. The tribunal acknowledged this and directed that the judgment be sent to the liquidator and the Secretary of State, giving them an opportunity to object. The claimant was also advised that he may need to claim from the National Insurance Fund. This case highlights that while tribunal awards are enforceable in principle, recovering money from an insolvent employer can be difficult. It also demonstrates that even short-service employees can bring claims for unlawful deductions and breach of contract, even if they cannot claim unfair dismissal.
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