Front of house worker with 11 years' service wins unfair dismissal after being summarily dismissed
A front of house worker at a pub/restaurant was unfairly dismissed after 11 years' service. The tribunal awarded £10,800 in compensation, including basic award and notice pay.
1 min read · Last updated 19 May 2026
Case details
- #front-of-house
- #pub-restaurant
- #notice-pay
- #breach-of-contract
- #reconsideration-dismissed
Key facts
- The claimant worked in a front of house role at a pub/restaurant for 11 years.
- The claimant was summarily dismissed without notice.
- The respondent claimed the claimant resigned, but the tribunal found she was dismissed.
- The claimant's weekly gross pay was £450, as stated in her ET1 and not challenged by the respondent.
- The respondent applied for reconsideration out of time, which was dismissed.
Timeline
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Claim presented
The claimant presented her claim to the employment tribunal.
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Hearing and judgment
The tribunal heard the case and found the claimant was unfairly dismissed and wrongfully dismissed. She was awarded £5,850 basic award and £4,950 notice pay.
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Request for written reasons
The claimant requested written reasons for the judgment.
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Written reasons issued
The tribunal issued written reasons for the judgment.
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Respondent's application
The respondent applied to correct a clerical error or for reconsideration, arguing the claimant's weekly pay was £308, not £450.
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Directions issued
Employment Judge Oldroyd issued directions for the parties to comment on the application.
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Claimant's response
The claimant objected to the reconsideration being out of time and stated her hourly rate was £12.50.
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Respondent's further submissions
The respondent argued the claimant's wages should be based on her last year of employment.
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Respondent chased application
The respondent indicated it was still pursuing its application.
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Reconsideration judgment
Employment Judge Oldroyd dismissed the respondent's application for reconsideration.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and wrongfully dismissed, and whether the respondent's application for reconsideration should be allowed.
The outcome
The tribunal found the claimant was unfairly dismissed and wrongfully dismissed.
Key reasons:
- The claimant was summarily dismissed without notice.
- The respondent's claim that she resigned was not accepted.
- The claimant's weekly gross pay of £450 was not challenged by the respondent at the hearing.
Compensation breakdown:
- Basic award: £5,850
- Notice pay (wrongful dismissal): £4,950
- Total: £10,800
Lessons & takeaways
- If you are dismissed without notice, you may have a claim for wrongful dismissal in addition to unfair dismissal.
- Keep records of your pay and hours worked, as this will be used to calculate compensation.
- If you are a litigant in person, be aware of time limits for making applications to the tribunal.
- Employers should not claim an employee resigned if there is evidence of a dismissal.
A long-serving worker dismissed without notice
This case shows what can happen when an employer dismisses a long-serving employee without following proper procedure. The claimant had worked in a front of house role at a pub/restaurant for 11 years when she was summarily dismissed. The employer claimed she had resigned, but the tribunal rejected that and found she was unfairly dismissed.
What the employer could have done differently
The respondent could have avoided this outcome by following a fair disciplinary process and providing notice. Instead, they dismissed without notice and then tried to argue the claimant resigned. They also failed to challenge the claimant's weekly pay figure of £450 at the hearing, which formed the basis of the compensation.
Why this matters for similar claims
This case is a reminder that employees with long service are entitled to significant notice periods and fair treatment. The compensation of £10,800 reflects both the basic award for unfair dismissal and damages for breach of contract (notice pay). The employer's late attempt to challenge the pay figure failed because they had not raised it at the original hearing.
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