Employment Tribunal Awards Wages But Dismisses Unfair Dismissal Claims

OUTCOME: Dismissed

Case Numbers: 2310022/2025 2310023/2025

2310024/2025

1

THE EMPLOYMENT TRIBUNAL

SITTING AT:

LONDON SOUTH BEFORE:

EMPLOYMENT JUDGE T ELLIOTT BETWEEN:

1) [NAME] 2) [NAME]

Claimants

AND

[RESPONDENT]

Respondent

ON: 22 May 2026 Appearances: For the Claimants: [redacted] For the Respondent: [redacted]

The Judgment of the Tribunal is that:

1. The claims for unfair dismissal and for redundancy payments are dismissed because neither claimant had sufficient service to bring the claims.

2. The respondent shall pay to the first claimant Mr [APPELLANT] the gross sums of £1,098.98 for five weeks’ unpaid wages, commission of £540, notice pay of £219.78 and holiday pay of £571.43 making a total of £2,430.19.

3. The respondent shall pay to the [NAME] claimant Mr [APPELLANT] the gross sums of £1,098.98 for five weeks’ unpaid wages, commission of £327, notice pay of £219.78 and holiday pay of £2,017.58 making a total of £3,663.34.

Case Numbers: 2310022/2025 2310023/2025

2310024/2025

2

REASONS

1. This decision was given orally on 22 May 2026. [NAME] requested written reasons.

2. By a claim form presented on 24 December 2025 the claimant Mr [APPELLANT] brings claims for unfair dismissal, a redundancy payment, notice pay holiday pay and unlawful deductions from wages.

3. By a claim form presented on the same date, the claimant Mr [APPELLANT] brings the same claims.

4. These claims were consolidated by Regional Judge Khalil on 20 May 2026.

5. [NAME] worked for the respondent as [NAME]. Mr [RESPONDENT] period of service commenced on 9 May 2025 and Mr [APPELLANT] period of service commenced on 4 March 2024. [NAME]’ employment ended on 24 October 2025.

This remote hearing

6. The hearing was a remote public hearing, conducted using the cloud video platform (CVP) under Rule 46. The parties consented to the matter being heard by video.

7. In accordance with Rule 46, the tribunal ensured that members of the public could attended and observe the hearing. This was done via a notice published on Courtserve.net. No members of the public attended.

8. The claimants, who were the only attendees, were able to hear and see what the tribunal heard and saw. The claimants gave evidence.

9. The participants were told that was an offence for them to record the proceedings.

The remedy issues

10. The issue for the tribunal was: to what amount is each claimant entitled for notice pay, unlawful deductions from their wages including commission and holiday pay on termination of employment.

11. It was also an issue for the tribunal as to whether the claimants had sufficient service to claim unfair dismissal and a redundancy payment and if not whether those claims should be dismissed.

No response to the claim

Case Numbers: 2310022/2025 2310023/2025

2310024/2025

3

12. Under Rule 22 of the Employment Tribunal Rules of Procedure 2024 the claimants are entitled to Judgment because no response has been received to their claims. The respondent did not attend this hearing. They had not participated in the proceedings.

13. The respondent is an active company at [NAME]. It was incorporated in May 2015.

14. There has been action under section 1000 of the Companies Act 2006 which gives power to strike off a company not carrying on business or in operation. According to documents filed at [NAME], this compulsory strike off action was temporarily suspended on 4 April 2026. The respondent remains an active company.

15. The respondent is a franchise of [NAME]. The claimants delivered the pizza orders using their own transport.

16. The company’s registered office is at [ADDRESS], [POSTCODE]. [NAME] gave the respondent’s address as in [ADDRESS], Croydon. There is one Director of the company, Mr [NAME], whose address for correspondence is given at [NAME] as the address in [ADDRESS]. I was satisfied that Mr [RESPONDENT] claim has come to the respondent’s attention via that address being an appropriate address for the respondent.

17. Mr [RESPONDENT] gave the respondent’s address as [ADDRESS], Croydon. This was a different branch of the respondent’s business run by the same franchisee. The claimants saw Mr [NAME] every week. The business is still running. I am satisfied that Mr [RESPONDENT] claim has come to the respondent’s attention via that address being an appropriate address for the respondent.

Findings of fact

18. Mr [RESPONDENT] worked for the respondent for 5.5 months. Mr [RESPONDENT] worked for the respondent for 1 year 7.5 months. Neither claimant had 2 years’ service so they were not able to claim unfair dismissal or a redundancy payment. [NAME] worked as [NAME].

19. [NAME] gave evidence that they were given no paid annual leave during their employment and no accrued annual leave pay on termination of employment. The claim is undefended and I find that they did not receive any holiday or holiday pay.

20. [NAME] were unpaid for three weeks of work.

21. [NAME] also said that upon joining, their first two weeks’ pay was withheld and they were told this was “standard practice” upon joining.

Case Numbers: 2310022/2025 2310023/2025

2310024/2025

4 The claimants were told that they would get this pay when they left, but they did not.

22. [NAME] went to work as normal on 24 October 2025 and were told that the business was closing due to insolvency. Mr [NAME] told them that he could not employ them anymore but said they would be paid through the liquidation. Their employment was terminated with immediate effect. He subsequently said he could not “address their money”. They were not paid.

23. The “car commission” was an agreement for a payment to each claimant of £1 per pizza delivery. For Mr [APPELLANT] has unpaid commission for three weeks of £327. For Mr [NAME] the sum as claimed is £540.

24. [NAME] worked 18 hours per week. Their normal take home pay was £215.78 per week. They told me that according to their pay slips their gross pay £219.78.

25. For [NAME], five weeks unpaid wages is £1,098.98.

26. [NAME] are entitled to 1 week’s notice pay in the sum of £219.78.

27. For holiday pay, Mr [NAME] length of service was 9 May 2025 to 24 October 2025. In his calculation this was 6 months. It is 5.5 months. I award him 2.6 weeks holiday pay and not the 2.8 weeks claimed. The award of holiday pay for the first claimant is £571.43.

28. For holiday pay, [APPELLANT] length of service was 4 March 2024 to 24 October 2025 which is 1.64 years. Mr [NAME] put it at 1.67 and he also amended his start date in his calculation from 4 March 2024 to 1 March 2024. This is 9.18 weeks’ pay which is £2,017.58 which is awarded to the [NAME] claimant.

The relevant law

29. Under section 108 Employment Rights Act 1996, an employee requires two years’ service in order to bring a claim for unfair dismissal.

30. Under section 155 ERA 1996, an employee requires two years’ service in order to claim a redundancy payment.

31. Under section 13 ERA workers have a right not to have deductions made from wages unless they are agreed in writing or they are authorised by statute or contract. Commission falls within the definition of wages, under section 27(1)(a) ERA.

32. Under Regulations 13 and 13A of the Working Time Regulations 1998, workers are entitled to 5.6 weeks annual leave per annum. Under Regulation 14 a worker is entitled on termination of employment to a

Case Numbers: 2310022/2025 2310023/2025

2310024/2025

5 payment in lieu of the proportion of leave untaken as at the termination date.

Conclusions

33. The claims for unfair dismissal and for redundancy payments are dismissed as neither claimant had two years’ service with the respondent.

34. [NAME] are entitled to 5 weeks’ pay for the claim for unlawful deductions from wages in the sum of £1,098.98 each.

35. Each claimant is entitled to 1 week’s notice pay in the sum of £219.78.

36. The first claimant is awarded car commission of £540. The [NAME] claimant is awarded car commission of £327.

37. The first claimant is entitled to holiday pay in the sum of £571.43. The [NAME] claimant is entitled to holiday pay in the sum of £2,017.58.

38. The total of the award to the first claimant is £2,430.19.

39. The total of the award to the [NAME] claimant is £3,663.34.

Employment Judge Elliott

Date: 22nd May 2026

Judgment sent to the parties on: 3rd June 2026

For the Tribunal Office