Dismissed by text message: barmaid wins unfair dismissal claim after employer fails to respond

A text message dismissal that cost the employer over £8,600

This case shows what can happen when an employer dispenses with basic employment procedures. The barmaid, who had worked for Real Bars Ltd for three years, was dismissed by text message on 27 May 2022 without any notice or explanation. She had not received her wages for March 2022, and further deductions followed. She was also not paid her accrued holiday pay.

The employer did not engage with the tribunal process at all. It failed to submit a response to the claim and did not attend the hearing. As a result, the tribunal accepted the barmaid's evidence and found the dismissal unfair because the employer had not shown any potentially fair reason.

What the employer could have done differently

Real Bars Ltd could have avoided this outcome by following basic steps. First, it should have paid the barmaid's wages and holiday pay when they were due. Second, if it wanted to dismiss her, it should have followed a proper process – giving her notice, explaining the reason, and allowing her to respond. Even a small employer can hold a simple meeting and confirm the decision in writing. Instead, the text message dismissal gave the tribunal no option but to find the dismissal unfair.

Why this matters for similar claims

This case is a reminder that employment rights apply to all workers, regardless of the size of the business. The barmaid represented herself at the hearing and still succeeded because the employer failed to engage. The 25% uplift for not following the ACAS Code shows that ignoring best practice can be costly. For employees in similar situations, the key takeaway is to keep evidence of unpaid wages and any dismissal communications, and to bring a claim promptly – the barmaid presented her claim within four months of dismissal.