Dismissed by text message: window fitter wins £9,357 after fake redundancy
A window fitter with six years' service was dismissed by text message claiming the company was going into receivership, but the tribunal found the business continued trading. He was awarded £9,357 for unfair dismissal, notice pay, holiday pay, and an unauthorised deduction.
1 min read · Last updated 18 May 2026
Case details
- #dismissal-by-text-message
- #redundancy
- #breach-of-contract-notice-pay
- #unauthorised-deduction
- #holiday-pay
- #acas-code-uplift
Key facts
- The claimant worked as a window fitter from 17 September 2016 until his dismissal on 9 February 2023.
- He was dismissed by text message stating the company was being placed in the hands of a receiver.
- The respondent continued trading after the dismissal, using sub-contractors for jobs the claimant had measured.
- The respondent failed to file a response and did not attend the hearing.
- The claimant was awarded a total of £9,357.12 for unfair dismissal, breach of contract, holiday pay, and unauthorised deduction.
Timeline
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Employment started
Claimant began working as a window fitter for Amazing Glazing (Widnes) Limited.
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Dismissal by text message
Claimant was dismissed via text message from Michael James, stating the company was being placed in receivership.
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Found premises locked
Claimant attended the company office and found it locked up.
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ACAS early conciliation
Claimant contacted ACAS to start the early conciliation process.
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Tribunal claim presented
Claimant brought his complaint to the Employment Tribunal.
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New job started
Claimant obtained new employment after a trial period.
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Breakdown of sums sent to respondent
Claimant sent the respondent a breakdown of the amounts he sought.
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Hearing and judgment
Employment Judge Aspinall heard the case and issued judgment in favour of the claimant.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, and whether he was entitled to breach of contract notice pay, outstanding holiday pay, and an unauthorised deduction from wages.
The outcome
The tribunal found the claimant was unfairly dismissed. The employer claimed the company was going into receivership but continued trading using subcontractors for jobs the claimant had measured. The employer failed to respond to the claim or attend the hearing.
Compensation breakdown:
- Basic award: £2,565.00
- Compensatory award (loss of earnings): £2,670.00
- Loss of statutory rights: £350.00
- Breach of contract (notice pay): £2,133.96
- Unauthorised deduction (one week's pay): £355.66
- Outstanding holiday pay (3 weeks): £1,282.50
- Total: £9,357.12
Lessons & takeaways
- Employers cannot dismiss by text message without following a fair procedure, even if they claim financial difficulties.
- If an employer says the business is closing but continues trading, a tribunal is likely to find the dismissal unfair.
- Employees dismissed without notice may be entitled to breach of contract notice pay in addition to unfair dismissal compensation.
- Outstanding holiday pay and unauthorised deductions from wages can be claimed alongside unfair dismissal.
- An employer who fails to respond to a tribunal claim or attend the hearing will likely lose by default.
This case shows how an employer's attempt to avoid redundancy obligations by fabricating a receivership can backfire. The window fitter, who had worked for the company for over six years, received a text message on 9 February 2023 telling him the company was being placed in the hands of a receiver. When he went to the office the next day, it was locked up. But the claimant later discovered that the business was still trading, using subcontractors to complete jobs he had measured.
What the employer did wrong
The employer failed to file a response to the tribunal claim and did not attend the hearing. It also ignored a breakdown of the sums sought sent to its registered office. By dismissing via text message without any consultation or notice, the employer denied the claimant any fair process. The tribunal noted that the company continued to trade, undermining the stated reason for dismissal.
Why this matters
The case highlights that a redundancy dismissal must be genuine and procedurally fair. Simply claiming the business is closing is not enough if the employer continues to operate. The claimant was awarded a total of £9,357.12, including basic and compensatory awards, notice pay, holiday pay, and an unauthorised deduction for a week's wages worked in hand. The compensatory award was reduced by earnings from a trial period and universal credit, but the employer remains liable for the balance.
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