Claimant won £22,073 awarded Employment Tribunal · 29 March 2023

Dismissed by text message: beauty therapist wins £22,000 for unfair dismissal

A beauty therapist with three years' service was unfairly dismissed after her employer refused a last-minute leave request and told her not to come back. The tribunal awarded £22,073.20, including a 20% uplift for failing to follow the ACAS Code.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed as a beauty therapist from 2 September 2019.
  • On 12 August 2022, the claimant asked for the following Saturday off due to a family death.
  • The respondent refused the leave request via text message.
  • The claimant replied that she was already travelling to Bradford, and the respondent texted back 'Do not come to work on Monday' and 'Yes' when asked if she was dismissed.
  • The respondent did not conduct any investigation or give the claimant an opportunity to explain before dismissing her.
  • The respondent deducted £50 from the claimant's final pay for unreturned property without contractual authority.

Timeline

  1. Employment started

    The claimant began working as a beauty therapist for the respondent.

  2. Leave request and dismissal

    The claimant requested Saturday 13 August off due to a family death. The respondent refused, and after the claimant said she was travelling to Bradford, the respondent texted 'Do not come to work on Monday' and confirmed dismissal.

  3. Claimant called respondent

    The claimant telephoned Mrs. Dhingra to ask if she could come to work on Monday.

  4. Respondent attempted contact

    The respondent called the claimant in the afternoon but she missed the call.

  5. Claimant wrote to respondent

    The claimant, after seeking advice from Citizens Advice, wrote to the respondent seeking an explanation for her dismissal.

  6. Claimant appealed dismissal

    The claimant sent a letter appealing the dismissal decision.

  7. Respondent replied

    The respondent replied, denying dismissal and accusing the claimant of bad behaviour.

  8. Claim form submitted

    The claimant's claim form was received by the Employment Tribunal Service.

  9. Hearing

    The substantive hearing took place at Nottingham Employment Tribunal.

  10. Judgment issued

    The reserved judgment was issued, finding unfair dismissal and ordering compensation.

The outcome

The tribunal found that the claimant was dismissed by text message on 12 August 2022 after requesting a Saturday off due to a family death. The employer refused the request and, when the claimant said she was already travelling, texted 'Do not come to work on Monday' and confirmed dismissal. No investigation or disciplinary process was carried out.

The dismissal was unfair because the employer failed to follow any procedure. The tribunal also ordered repayment of a £50 deduction for unreturned property, which was not contractually authorised. The holiday pay claim was dismissed.

Compensation:

  • Basic award: £912.00
  • Compensatory award: £17,176.00
  • ACAS uplift (20%): £3,435.20
  • Loss of statutory rights: £500.00
  • Unlawful deduction: £50.00
  • Total: £22,073.20

Lessons & takeaways

  • Dismissing an employee by text message without any investigation or hearing is almost certainly unfair, regardless of the reason.
  • Small businesses must follow basic disciplinary procedures, including giving the employee a chance to explain their side, even in response to perceived misconduct.
  • Failing to comply with the ACAS Code of Practice can result in a 25% uplift on compensation, adding thousands to the award.
  • Employers cannot deduct money from final pay for unreturned property unless there is a clear contractual right to do so.
  • Length of service matters: even with only three years, a fair process is required before dismissal.

A text message that cost £22,000

This case shows how quickly a breakdown in communication can lead to a costly unfair dismissal claim. The beauty therapist, who had worked at Monas Beauty Lounge for three years, asked for a Saturday off due to a family death. When her employer refused via text, she replied that she was already travelling. The employer's response was blunt: 'Do not come to work on Monday' and confirmed she was dismissed.

There was no investigation, no meeting, no chance for the employee to explain. The employer later claimed the employee had resigned, but the tribunal rejected that, noting the clear words of dismissal. The employer's failure to follow any procedure meant the dismissal was automatically unfair.

What the employer could have done differently

The employer could have avoided this outcome by simply speaking to the employee. Even a short conversation to understand the situation and discuss alternatives would have been a reasonable response. Instead, the employer acted impulsively, which the tribunal found fell outside the range of reasonable responses. The ACAS uplift added over £3,400 to the award as a penalty for ignoring the Code of Practice.

Why this matters for similar claims

This case is a reminder that employment rights apply to all businesses, no matter how small. A text message dismissal is rarely fair, and employers who skip basic steps risk significant compensation. For employees, it shows that even a short service can lead to a substantial award if the employer acts unreasonably. The £50 deduction for unreturned property also highlights that employers cannot make deductions without a clear contractual right.

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