Barber dismissed via WhatsApp for sick absence: unfair dismissal and wage deductions
A barber with three years' service was unfairly dismissed via WhatsApp after calling in sick. The tribunal also found the employer made unauthorised deductions from wages and failed to provide a written contract, awarding £3,435.59.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #unauthorised-deductions
- #national-minimum-wage
- #acas-code-uplift
- #failure-to-provide-section-1-statement
- #small-employer
Key facts
- The claimant worked as a barber for Acute Barbers from 17 October 2018 until her dismissal on 1 November 2021.
- She was dismissed via WhatsApp after calling in sick on 1 November 2021, with the employer citing her attendance record.
- The claimant had never received formal warnings about her attendance and was given no opportunity to appeal.
- The tribunal found that the claimant's employer was Christian Donnelly trading as Acute Barbers, not Cathays Barber Shop Limited.
- The claimant was required to arrive 15 minutes before each shift without pay, leading to unauthorised deductions from wages.
- The claimant's claim for disability discrimination was dismissed as she did not have a disability under the Equality Act 2010.
Timeline
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Employment started
Claimant began working as a barber for Acute Barbers at the Cathays site.
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Cathays Barber Shop Limited incorporated
The company was incorporated, but the claimant's employment did not transfer to it.
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First GP consultation for heavy periods
Claimant presented with menorrhagia; GP noted possible referral to gynaecology if symptoms continued.
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Claimant reported being happy on Cerelle
GP notes record claimant as 'happy on Cerelle' with no mention of ongoing period issues.
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Dismissal via WhatsApp
Claimant called in sick; employer dismissed her immediately, citing poor attendance and frustration with Monday absences.
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Claimant started new job
Claimant began training for a retail job, earning higher wages than at Acute Barbers.
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Claim presented to tribunal
Claimant filed claims for unfair dismissal, disability discrimination, unauthorised deductions, and breach of contract.
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Final hearing
Held by video before Employment Judge Russell; claimant represented by HR consultant, respondent in person.
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Judgment issued
Tribunal found unfair dismissal, unauthorised deductions, and failure to provide written particulars; dismissed disability discrimination claim.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for conduct, whether she had a disability under the Equality Act, whether her employer was an individual or a company, and whether the employer made unauthorised deductions from wages.
The outcome
The tribunal upheld the claimant's unfair dismissal claim, finding that the employer dismissed her via WhatsApp without following any disciplinary process. The employer cited her attendance record, but had never given her formal warnings or an opportunity to appeal.
Compensation awarded:
- Basic award: £935.55
- Compensatory award: £1,544.44 (including £935.55 loss of earnings, £300 for loss of statutory rights, and a 25% uplift of £308.89 for failure to follow the ACAS Code of Practice)
- Failure to provide written particulars: £623.70
- Unauthorised deductions (National Minimum Wage): £331.90
- Total: £3,435.59
Lessons & takeaways
- Dismissing an employee by WhatsApp without any prior warnings or disciplinary process is almost certainly unfair, regardless of attendance concerns.
- Small employers are not exempt from following a fair procedure—even a simple verbal warning and a chance to appeal can make a difference.
- Requiring employees to arrive early without pay can breach National Minimum Wage rules, leading to claims for unauthorised deductions.
- If you are unsure who the legal employer is, check contracts and company records—the tribunal will decide based on who actually controls the work.
- Failing to provide a written statement of employment particulars can result in a separate award of up to four weeks' pay.
This case shows how a small employer's casual approach to employment rights can backfire. The claimant, a barber with three years' service, was dismissed via WhatsApp after calling in sick. The employer cited her attendance record, but had never raised the issue formally or given her any warnings. The tribunal found this fell far short of a fair process.
What went wrong
The employer could have avoided the claim by following basic steps: discussing attendance concerns with the claimant, issuing a written warning if necessary, and giving her a chance to respond. Instead, the dismissal was instant and by text message, with no right of appeal. The tribunal also found that the claimant was required to arrive 15 minutes early without pay, which breached National Minimum Wage rules. A separate award was made for failing to provide a written contract.
Why this matters
For employees in small businesses, this case is a reminder that even micro-employers must follow a fair procedure. The ACAS Code of Practice applies to all employers, and failure to follow it can increase compensation by up to 25%. The case also highlights the importance of keeping clear records of who the legal employer is—here the claimant worked for an individual, not the company that was later incorporated.
The total award of £3,435.59 reflects the basic and compensatory awards, plus penalties for procedural failures. While not a large sum, it sends a clear message that cutting corners on employment rights can be costly.
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