In Mr Jawneh v G4S Secure Solutions (UK) Ltd, a security guard sacked while on unpaid leave has won his unfair dismissal claim and been awarded more than £8,000. Despite previously agreeing that he could take leave to resolve childcare issues, his employer marked his employment as terminated by way of resignation following a period of no contact.

Below, we outline what happened and discuss the Employment Tribunal’s judgment. We then examine the UK laws surrounding unpaid parental leave, including when people can take it and how.

If you believe your employment rights have been breached, contact Redmans Solicitors for expert employment advice. Following a brief chat, our specialist team can answer your queries and discuss how you could proceed. For those eligible, we could also guide you through each stage of the legal process.

To get started on your journey with us today, please:

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The Facts in Mr Jawneh v G4S Secure Solutions (UK) Ltd

Background to the Unpaid Leave Dismissal Case

Mr Jawneh (the “Claimant”) was a security guard for G4S Secure Solutions (UK) Ltd (the “Respondent”) for over nine years. He is a black African man and a single parent, with exclusive responsibility for the care of his son.

Issues first arose on 8 March 2024, after the Claimant returned from holiday. Arrangements to look after his child that weekend fell through, meaning he took his son with him to work.

However, when the client of the site where the Claimant was working found out about the child’s presence, it alleged a security breach and told the Respondent not to allow him back. The Respondent endeavoured to find out what happened, following which the Claimant explained his childcare issues. Nonetheless, he was informed that he unfortunately couldn’t return to that site.

Read More: Flawed Employee Dismissal Process Leads to £40K Unfair Dismissal Award

The Respondent subsequently offered the Claimant work elsewhere, but the opportunities were ultimately unsuitable because of their location and distance. With no suitable work, he therefore decided to take some unpaid leave to address his childcare issues.

Claimant’s Employment Terminated Without His Knowledge

Despite the Respondent agreeing to the Claimant’s unpaid leave, and no later correspondence suggesting that his position had changed, the Claimant’s employment was recorded as terminated on 17 November by way of an apparent “resignation,” with “family issues” cited as the cause.

The Claimant, still on unpaid leave, was unaware that his employment had terminated, and only found out in February 2025. At such time, he attempted to contact the Respondent about one of its positions he deemed suitable. However, when he eventually received a response, he learned he would have to be onboarded as a new starter, which he refused because it would mean losing his nine-year employment history.

With no internal resolution, the Claimant brought claims to the Employment Tribunal, including unfair dismissal, discrimination on the grounds of race and sex, and breach of contract.

The Employment Tribunal’s Judgment

When the Employment Tribunal assessed the facts, it acknowledged that the Respondent may have initially genuinely believed that the Claimant had abandoned his position. After all, when the Respondent marked the Claimant as having resigned in November 2024, neither had corresponded since April.

However, when the Claimant contacted the Respondent in February 2025 and learned of his apparent termination, this should have changed things. Of course, it would have been in the Claimant’s best interest to keep his employer updated during his unpaid leave, as reflected in the subsequent remedy, but this was notably not a requirement under the previously agreed terms.

As such, when looking at the dismissal, the Respondent was found to have acted unreasonably and failed to follow a fair procedure. The Claimant was effectively dismissed for abandoning his role, but he never did. Furthermore, no procedure, including informing the Claimant of his potential dismissal or investigation, took place. With this in mind, the Employment Tribunal deemed the dismissal unfair.

While the Tribunal dismissed the remaining claims, the Claimant was awarded a total of £8,320 in compensation. This figure included a 25% uplift for the Respondent’s failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures. Yet, it also included a 35% reduction for his contributory fault in his dismissal, in that he failed to contact the Respondent during his unpaid leave.

When is Unpaid Leave Allowed?

Unpaid leave was the central element in Mr Jawneh v G4S Secure Solutions (UK) Ltd. In that case, the Respondent accepted the Claimant’s request to take such leave to resolve his childcare issues. Problems arose only after the employer determined the Claimant had abandoned his role following no contact for several months.

In reality, employees may take unpaid leave for several reasons. While such leave would be unlawful if unauthorised or forced upon someone without a contractual or statutory basis, its lawful use often arises in the form of:

• Unpaid parental leave
• Bereavement leave
• Study leave

While the above list isn’t exhaustive, and employers may choose to pay staff in such circumstances, these are examples of lawful uses of unpaid leave.

Can I Take Unpaid Leave from Work? (And if so, How?)

Whether someone can take unpaid leave depends on statutory and contractual entitlements.

Unpaid parental leave is an example of a statutory right. For those eligible, their parental leave entitlement includes up to 18 weeks per child before their 18th birthday, limited to four weeks per year per child. Notably, from 6 April 2026, this became a day one employment right.

Comparatively, where bereavement leave doesn’t apply, some employers may offer additional compassionate leave to cover circumstances like the loss of a friend or supporting a seriously ill relative. In these circumstances, the entitlement will be dictated by the employment contract or employer policies.

Read More: Is It Okay to Use AI to Write a Grievance Letter?

If an individual wants to take unpaid leave, they should first establish whether it’s a statutory or contractual entitlement. For statutory leave, they should then provide notice as soon as possible, confirm the leave period and dates, and agree on the practicalities. However, if the leave falls under a contractual entitlement, they should instead read the relevant documents and follow their employer’s process.

Get Help with Your Unpaid Leave

If you believe your statutory or contractual leave rights have been breached, contact Redmans Solicitors for specialist help. Following a quick chat, we will assess your case, answer your questions and discuss your possible options going forward.

To get started, simply:

• Phone 020 3397 3603
• Request a callback via our online form