Dismissed by text message: shop worker wins unfair dismissal claim
A shop worker was unfairly dismissed after her employer sent a text message sacking her over alleged car damage by her ex-partner, without any investigation. The tribunal awarded £1,949.29.
1 min read · Last updated 18 May 2026
Case details
- #dismissal-by-text-message
- #conduct-dismissal
- #failure-to-investigate
- #acas-code-uplift
- #written-reasons-failure
Key facts
- The claimant was employed by the respondent from 17 January 2017 to 17 February 2022.
- On 17 February 2022, the respondent dismissed the claimant by text message after being told her ex-partner was involved in damaging his car.
- The respondent did not carry out a reasonable investigation before dismissing the claimant.
- The claimant refused an offer to return to work because she felt humiliated and believed she would be dismissed again.
- The respondent failed to provide a written statement of reasons for dismissal despite the claimant's request.
- The claimant obtained alternative employment starting 20 June 2022 at lower earnings.
Timeline
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Employment started
The claimant began working for the respondent in his shop.
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Car damage incidents began
The respondent's car windows were broken in or around March, April and May 2021, and his car was set on fire in December 2021.
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Relationship breakdown
The claimant's relationship with her ex-partner finally broke down in January 2022.
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Dismissal by text message
The respondent sent text messages dismissing the claimant with immediate effect after being told her ex-partner was responsible for the car damage.
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Offer to return to work
The respondent sent a text message offering the claimant her job back, but she refused.
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Claimant requested written reasons
The claimant sent a letter requesting written reasons for dismissal and other payments.
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P45 issued
The respondent's accountant issued a P45 showing the employment ended on this date.
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ACAS early conciliation started
The claimant notified ACAS under the Early Conciliation Procedure.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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New employment started
The claimant started a new job with lower earnings and fewer hours.
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Hearing
The hearing took place at Newcastle Employment Tribunal.
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Judgment issued
The reserved judgment was issued, finding the claimant's claims well-founded.
The legal issue
The tribunal had to decide whether a dismissal by text message, without any investigation or procedure, was unfair, and whether the claimant's refusal to return to work after being offered reinstatement meant she was not dismissed.
The outcome
The tribunal found that the claimant was unfairly dismissed. The employer dismissed her by text message without any investigation into the alleged misconduct, and the offer to return to work did not undo the dismissal because the claimant had already been dismissed and her refusal was not a resignation.
Compensation:
- Basic award: £530.00
- Compensatory award: £817.43
- Total: £1,949.29 (including a 25% uplift for failure to follow the ACAS Code of Practice and an additional two weeks' pay for failure to provide written reasons)
Lessons & takeaways
- Dismissing an employee by text message without any investigation is almost certainly unfair.
- Offering reinstatement after a dismissal does not automatically cure the unfairness if the employee reasonably refuses.
- Employers must provide a written statement of reasons for dismissal if requested, or face a separate penalty.
- The ACAS Code of Practice applies to disciplinary dismissals; failing to follow it can increase compensation by up to 25%.
A text message dismissal that backfired
This case shows how a small employer's snap decision to dismiss an employee by text message, without any investigation, led to a finding of unfair dismissal. The shop worker had been employed for five years when her employer, Mohammed Saleem Arif, sent a series of text messages accusing her of involvement in damage to his car and sacking her with immediate effect. The employer later claimed he had acted in haste and offered her job back the same day, but the damage was done.
What the employer could have done differently
The employer accepted at the hearing that no procedure had been followed. A reasonable employer would have carried out a basic investigation, given the employee an opportunity to respond to the allegations, and considered alternatives to dismissal. The tribunal noted that the employer's failure to follow any process meant the dismissal fell outside the range of reasonable responses. Additionally, the employer failed to provide a written statement of reasons for dismissal when asked, leading to an extra award.
Why the result matters
This case is a reminder that even in small businesses with limited HR resources, the basic principles of fairness apply. Dismissing an employee by text message, without any investigation, is a clear breach of the ACAS Code of Practice. The tribunal also clarified that an offer of reinstatement does not automatically negate a dismissal if the employee reasonably refuses, for example because trust and confidence have been destroyed. The 25% uplift for failure to follow the ACAS Code and the additional award for failure to provide written reasons show that tribunals can impose significant penalties on employers who ignore basic employment rights.
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