Employment Tribunal Rejects Unfair Dismissal and Breach of Contract Claims
📌 In brief
In this case, an employee brought a claim against their employer for unfair dismissal and breach of contract. However, the Employment Judge dismissed these claims as the employee had not been employed by the employer for two years and there was no breach of contract. The unlawful deduction of wages and holiday pay claims were withdrawn.
⚖️ Legal holding
An employer must provide an itemised pay statement to an employee within a specified timeframe under the Employment Rights Act 1996.
📖 What the law says
Under this section, when determining whether the dismissal of an employee is fair or unfair, the employer must show the reason for the dismissal and prove that it falls within certain categories, including the employee's capability or qualifications, their conduct, redundancy, or a breach of duty or restriction imposed by law.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's unfair dismissal and breach of contract claims were dismissed, while her unlawful deduction of wages and holiday pay claims were withdrawn.
📜 Headnote Official document
The Employment Judge dismissed the claimant's unfair dismissal and breach of contract claims, finding that the claimant had not been employed for two years and that there was no breach of contract. The unlawful deduction of wages and holiday pay claims were withdrawn.
📚 Full judgment Official document
OUTCOME: Dismissed
Case Number: 6006943/2025
EMPLOYMENT TRIBUNALS
Claimant: [redacted] Respondent: [redacted]
[RESPONDENT] (in public by video)
On:
13 May 2026
Before:
Employment Judge Moor
Representation For the Claimant: [redacted]
in person For the Respondent: [redacted]
1. The complaint of ordinary unfair dismissal is dismissed because the Claimant had not been employed by the Respondent for two years.
2. The complaint of unlawful deduction of wages is dismissed upon withdrawal (the shortfall in wages having been now paid).
3. The claim for accrued but untaken holiday pay is dismissed upon withdrawal.
4. The claim for breach of contract does not succeed: it was not a breach of clause 2.2 of the contract for the Respondent not to provide a performance review before terminating her contract and it gave her the correct contractual notice of termination.
5. I declare, under section 12 of the Employment Rights Act 1996, that the Respondent did not provide the Claimant with an itemised pay statement in accordance with her right under section 8 to receive one because that statement should have been given to her by 31 January
Case Number: 6006943/2025
2025 and was only provided on 19 March 2025.
Employment Judge Moor
Dated: 13 May 2026
Notes
Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.
Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
Recording and Transcription
Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here:
https://www.[NAME] directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal Claim
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal Complaint
- Employment Tribunal Home Office Wins Disability Discrimination Case at Employment Tribunal
- Employment Tribunal Claim Dismissed: Tribunal Awards Costs for Vexatious Conduct
- Employment Tribunal Employment Tribunal Rejects All Claimant's Complaints Against Employer
- Employment Tribunal Employment Tribunal Rejects All Discrimination Claims Against DVLA
- Employment Tribunal Late Filing Costs Claimant: Unfair & Wrongful Dismissal Claims Rejected
- Employment Tribunal Late Claims Dismissed by Employment Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- {'Employers are not required to provide certain details or take specific actions if the legal criteria for such requirements are not met.': '},{'}
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's unfair dismissal and breach of contract claims were dismissed, while her unlawful deduction of wages and holiday pay claims were withdrawn.
Who was involved?
An employee (the claimant) brought a case against their employer (the respondent).
How did the court decide, and why?
The court decided that the claimant had not been employed by the respondent for two years and there was no breach of contract. The unlawful deduction of wages and holiday pay claims were withdrawn.
Which laws or rules were applied?
Section 98 of the Employment Rights Act 1996 was applied regarding itemised pay statements.
What was the argument that mattered most?
The fact that the claimant had not been employed by the respondent for two years was a key reason for dismissing the unfair dismissal and breach of contract claims.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case (the claimant).
What does this mean for someone in a similar situation?
Someone in a similar situation may not succeed if they have been employed by their employer for less than two years.
What evidence or documents mattered?
The employment contract and the timeframe of the claimant's employment were key pieces of evidence.
Can a decision like this be appealed?
Yes, decisions from Employment Tribunals can often be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for such cases.