Pub ordered to pay £5,000 for unpaid wages, holiday pay and missing written particulars
Two former employees of The Bull (Colchester) Ltd were awarded over £5,000 after the pub failed to pay their final wages, holiday pay, and notice pay, and did not provide written employment particulars.
1 min read · Last updated 19 May 2026
Key facts
- The claimants were employed by The Bull (Colchester) Ltd.
- The respondent failed to pay the claimants their full wages for the final week of employment.
- The respondent failed to pay the claimants in lieu of accrued but untaken annual leave on termination.
- The respondent dismissed the second claimant without notice.
- The respondent failed to provide written statements of employment particulars.
Timeline
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Strike-out of unfair dismissal claim
Employment Judge Russell struck out Mr Litchfield's unfair dismissal claim due to insufficient service.
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Substantive hearing
The tribunal heard the remaining claims by both claimants.
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Judgment issued
Tribunal Judge Thomas 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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Respondent's reconsideration request
The respondent applied for reconsideration of the judgment.
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Reconsideration refused
Employment Judge Thomas refused the reconsideration request and issued a corrected judgment.
The legal issue
The tribunal had to decide whether the employer made unauthorised deductions from wages by not paying the final week's wages and accrued holiday pay, and whether it breached contract by dismissing an employee without notice. It also considered whether the employer failed to provide written statements of employment particulars.
The outcome
The tribunal ruled in favour of the former employees on most claims.
- The respondent agreed to pay £304 and £500 for unpaid final week wages to the first and second claimants respectively.
- The second claimant was awarded £370 net for breach of contract due to dismissal without notice.
- The respondent was ordered to pay £1,905 and £833 for unpaid holiday pay on termination.
- Additional compensation of £580 and £740 was awarded for failure to provide written particulars, under section 38 of the Employment Act 2002.
- The first claimant's claim for notice pay was dismissed.
Lessons & takeaways
- Employers must pay all wages due, including final week pay and accrued holiday pay, on termination of employment.
- Dismissing an employee without notice is a breach of contract unless there is gross misconduct or a contractual right to do so.
- Failing to provide a written statement of employment particulars can lead to additional compensation of up to four weeks' pay.
- Employees with less than two years' service cannot claim unfair dismissal but can still bring claims for unauthorised deductions and breach of contract.
What this case shows in practice
Two former employees of The Bull (Colchester) Ltd took their employer to tribunal after the pub failed to pay them what they were owed at the end of their employment. The case highlights that even when an employee has less than two years' service and cannot claim unfair dismissal, they still have important legal rights regarding wages, holiday pay, and contractual notice.
The tribunal found that the employer made unauthorised deductions by not paying the final week's wages in full and by failing to pay accrued but untaken holiday leave. In addition, the second claimant was dismissed without notice, which amounted to a breach of contract. The employer also failed to provide written statements of employment particulars, triggering additional compensation.
What the losing side could have done differently
The respondent could have avoided the tribunal entirely by simply paying the wages and holiday pay due on termination, and by providing written particulars from the start. Dismissing an employee without notice is only lawful in limited circumstances, and the employer did not argue gross misconduct. By failing to comply with basic employment obligations, the pub ended up paying over £5,000 in compensation plus tribunal costs.
Why the result matters for similar claims
This case is a reminder that employment rights are not limited to unfair dismissal. Unauthorised deduction claims can be brought regardless of length of service, and the tribunal can award compensation for failure to provide written particulars even when the employment has ended. Employees who are not paid what they are owed should consider bringing a claim, and employers should ensure they meet their statutory obligations to avoid costly awards.
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