Constructive dismissal over unpaid wages and holiday pay: employer fails to attend hearing
A former employee won a constructive unfair dismissal claim after her employer made unauthorised deductions from wages and failed to pay holiday entitlement. The tribunal awarded over £10,000, including a basic award and penalties for missing written particulars.
1 min read · Last updated 19 May 2026
Key facts
- The claimant was constructively unfairly dismissed.
- The respondent made an unauthorised deduction from wages of £537.60.
- The respondent failed to pay accrued holiday entitlement of £1,641.60.
- The respondent failed to provide a written statement of employment particulars.
- The respondent did not attend the hearing.
Timeline
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Hearing and judgment
Employment Judge Batten held a hearing by video and issued a judgment finding constructive unfair dismissal and ordering payments.
The legal issue
The tribunal had to decide whether the employer's actions (unauthorised deduction from wages, non-payment of holiday pay, and failure to provide a written statement of employment particulars) amounted to constructive unfair dismissal, and whether the employee was entitled to compensation.
The outcome
The tribunal ruled in favour of the former employee, finding that she was constructively unfairly dismissed. The employer's failure to attend the hearing did not prevent the tribunal from making a decision based on the evidence.
Compensation awarded:
- Basic award: £6,220.80
- Unauthorised deduction from wages: £537.60
- Accrued holiday pay: £1,641.60
- Section 38 award (failure to provide written particulars): £2,073.60
- Total: £10,473.60
No compensatory award was made, meaning the employee did not receive an award for future loss of earnings.
Lessons & takeaways
- If your employer makes unauthorised deductions from your wages or fails to pay holiday pay, this can be a fundamental breach of contract allowing you to resign and claim constructive dismissal.
- Employers who fail to attend a tribunal hearing risk having a judgment made against them in their absence, based on the claimant's evidence.
- An employer's failure to provide a written statement of employment particulars can result in a penalty of up to 4 weeks' pay, even if no other compensation is awarded.
- Constructive dismissal claims do not always require a compensatory award for future loss; a basic award based on length of service and age may still be payable.
What this case shows in practice
This case illustrates how a breakdown in the employment relationship can lead to a successful constructive dismissal claim. The former employee resigned after her employer made unauthorised deductions from her wages and failed to pay her accrued holiday entitlement. The tribunal found that these actions amounted to a fundamental breach of contract, entitling her to treat herself as dismissed.
What the losing side could have done differently
The employer, George Thompson Limited, did not attend the hearing. This meant the tribunal had no opportunity to hear its side of the story. Had the employer engaged with the process, it might have been able to challenge the claims or reduce the amount of compensation. For example, it could have argued that the deductions were authorised or that the holiday pay was calculated incorrectly. By failing to attend, it left the tribunal with no choice but to accept the employee's evidence.
Why the result matters for similar claims
This case is a reminder that constructive dismissal claims can succeed even when the employee is not awarded a compensatory award for future loss of earnings. The basic award, which is based on the employee's age, length of service, and weekly pay, was still payable. Additionally, the tribunal awarded a penalty under section 38 of the Employment Act 2002 for the employer's failure to provide a written statement of employment particulars. This shows that tribunals can impose additional penalties for procedural failings, even if they do not directly relate to the dismissal itself.
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