Dismissed via WhatsApp with no procedure: carer wins unfair dismissal claim

A WhatsApp dismissal that went wrong

This case shows how a small employer's quick decision to dismiss via WhatsApp backfired badly. The carer had worked for Mr Orkin for two years, mostly at weekends, while also holding a full-time school job. When she sent a message saying she had 'things going on at home' and couldn't work the next two weekends, her employer responded by terminating her employment immediately with no notice and no discussion.

The tribunal found this fell far short of any fair procedure. The employer had not investigated the situation, given the employee a chance to explain, or considered alternatives such as a temporary arrangement. Even if the employer believed the employee had abandoned her role or was unreliable, a fair process would have required at least a conversation.

What the employer could have done differently

Mr Orkin represented himself at the hearing and had no legal advice. A simple conversation with the employee about her circumstances might have resolved the issue without dismissal. If dismissal was still considered necessary, a proper process involving a meeting, opportunity to respond, and a right of appeal would have been required. The tribunal also noted that the employer failed to follow the ACAS Code of Practice, which led to a 5% uplift on the compensatory award.

Why this matters for similar claims

This case is a reminder that even in very small businesses, employees with two years' service have the right to a fair dismissal process. Dismissing someone by text or WhatsApp without any investigation is a clear breach of that right. The compensation awarded was relatively modest because the employee found a new job within three months, but the principle is important: employers cannot bypass basic fairness just because they are frustrated with an employee's absence or availability.