Part-time waitress dismissed by text after furlough: unfair dismissal award despite no disability finding
A part-time waitress with 3 years' service was unfairly dismissed when her employer fired her by text message after she said she could not return to work immediately due to depression and anxiety. The tribunal awarded £1,724.84 in compensation.
1 min read · Last updated 18 May 2026
Case details
- #part-time-waitress
- #depression-anxiety
- #furlough
- #summary-dismissal-by-text
- #failure-to-provide-written-reasons
- #accrued-holiday-pay
- #wrongful-dismissal
Key facts
- The claimant was employed as a part-time waitress from 15 June 2018 until 17 May 2021.
- The respondent dismissed the claimant by text message on 17 May 2021 after she said she could not return to work immediately due to depression and anxiety.
- The claimant was not disabled at the date of dismissal; her depression and anxiety were not likely to last 12 months.
- The respondent failed to provide written reasons for dismissal despite a written request.
- The claimant was entitled to two weeks' notice pay and accrued holiday pay.
- The respondent is in creditors' voluntary liquidation and did not attend the hearing.
Timeline
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Employment started
Claimant began working as a part-time waitress for Ocho Steak House Ltd.
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Claimant informed manager of depression
Claimant texted manager Ms Abiy that she was suffering from depression.
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Sick note issued
GP signed claimant off work with depression and anxiety from 2 December 2020 to 1 January 2021.
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Second national lockdown
Restaurant closed until 17 May 2021; claimant on furlough.
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Respondent emailed employees about reopening
Manager Ms Abiy emailed staff asking who would return to work.
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Claimant replied about return
Claimant texted that she could not return yet due to medication adjustment; manager replied dismissing her.
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Dismissal effective
Claimant's employment terminated by text; GP later issued sick note covering 17 May to 16 July 2021.
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ET1 claim filed
Claimant filed claims of unfair dismissal, wrongful dismissal, and holiday pay.
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Amendment to include disability discrimination
Claimant granted leave to amend claim to include disability discrimination claims.
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Final hearing started
Tribunal heard evidence over two days via CVP.
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Judgment issued
Tribunal found unfair and wrongful dismissal but dismissed disability discrimination claims.
The legal issue
The tribunal had to decide whether the dismissal was unfair under the Employment Rights Act 1996 and whether the claimant was disabled at the date of dismissal for the purposes of her disability discrimination claims.
The outcome
The tribunal found that the claimant was unfairly dismissed and wrongfully dismissed. The respondent dismissed her by text message without any warning, investigation, or opportunity to respond, which fell outside the range of reasonable responses.
However, the tribunal dismissed the disability discrimination claims because the claimant's depression and anxiety were not likely to last 12 months, so she was not disabled under the Equality Act 2010.
Compensation awarded:
- Basic award: £427.28
- Compensatory award (loss of statutory rights): £400.00
- Wrongful dismissal (notice pay): £427.68
- Failure to provide written reasons: £570.24
- Accrued holiday pay: £299.64
- Total: £1,724.84
Lessons & takeaways
- Dismissing an employee by text message without any process is almost certainly unfair, regardless of the reason for absence.
- Even if a health condition does not meet the legal definition of disability, you still have a right to a fair process before dismissal.
- Employers must provide written reasons for dismissal within 14 days of a written request, or face a penalty of up to two weeks' pay.
- Part-time employees with short service are still entitled to notice pay and accrued holiday on termination.
A text message dismissal that went too far
This case shows how a small employer's casual approach to dismissal can lead to a finding of unfairness, even when the employee's health condition does not qualify as a disability. The claimant, a part-time waitress with three years' service, had been on furlough during the second national lockdown. When the restaurant reopened, she told her manager she could not return immediately because she was adjusting her medication for depression and anxiety. The manager replied by text message, effectively dismissing her on the spot.
The tribunal found that the respondent made no attempt to follow any kind of fair process. There was no investigation, no meeting, no opportunity for the claimant to explain her position, and no right of appeal. The dismissal was procedurally unfair, and because no notice was given, it was also wrongful.
What the employer could have done differently
The respondent could have avoided liability by having a simple conversation with the claimant about her return date, asking for an updated medical note, and considering whether a short further delay was reasonable. Even a brief meeting or a phone call would have made the dismissal potentially fair. Instead, the text message dismissal left the tribunal with no choice but to find it unreasonable.
Why the result matters
This case is a reminder that the duty to act fairly applies to all employers, regardless of size. The fact that the claimant's depression and anxiety did not meet the 12-month threshold for disability meant her discrimination claims failed, but the unfair dismissal claim succeeded because the process was so poor. The award was modest — just over £1,700 — reflecting the claimant's short service and limited financial loss, but the principle is clear: a text message dismissal without any process will rarely be fair.
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