Dismissed by text after a non-molestation order: when a relationship breakdown justifies SOSR dismissal

This case shows how a breakdown in a personal relationship can spill over into the workplace and lead to a fair dismissal, even when the employer follows no procedure at all.

What happened

The claimant worked as a secretary for a one-man service company. She had a personal relationship with the sole director, which ended in January 2022. In March 2022, she obtained a non-molestation order against him. Two days later, he dismissed her by text message, citing an irretrievable breakdown in the working relationship.

The tribunal accepted that the director genuinely believed the relationship was broken. The non-molestation order meant he faced criminal sanctions if he contacted her for work instructions. The company was too small to have an HR function, and the tribunal found that even if a proper procedure had been followed, the outcome would have been the same.

What the employer could have done differently

Although the dismissal was upheld, the employer could have reduced the risk of a claim by offering a brief appeal process. The tribunal noted that an appeal was offered but not taken up. A short, written explanation of the reasons for dismissal, even in a small company, would have demonstrated that the employer acted reasonably.

Why this matters

This case is a reminder that the size and resources of an employer matter. A small employer with only one employee may be expected to do less than a large HR department. But the key is that the employer must genuinely believe the reason for dismissal and show that no fair procedure would have changed the outcome. For employees in similar situations, it highlights that a non-molestation order against a boss can make it very difficult to argue that the working relationship could have continued.