Dismissed by text message: employer's silence leads to unfair dismissal win
A secretary/administrator was dismissed via text message without notice or reason. The tribunal found the dismissal unfair and awarded over £6,000 in compensation and holiday pay.
1 min read · Last updated 18 May 2026
Case details
- #dismissal-by-text
- #no-statement-of-particulars
- #holiday-pay
- #furlough
- #job-share
Key facts
- The claimant was employed from 8 July 2019 as a secretary/administrator on a job-share basis.
- She was dismissed without notice by text message on 16 January 2022.
- The respondent did not provide a statement of employment particulars.
- The claimant had accrued 22 days untaken holiday on termination, including carry-over from 2021 due to furlough.
- The respondent failed to file a response to the claim within the extended deadline.
Timeline
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Employment started
Claimant began work as a secretary/administrator, job-sharing with another employee.
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Full furlough
Claimant placed on full furlough from April to June 2020.
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Partial furlough
Claimant worked 3 days and furloughed 1 day from July 2020 to April 2021.
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Dismissal by text
Claimant was dismissed without notice via text message.
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Claim presented
Claimant brought complaints of unfair dismissal and unlawful deduction of wages for holiday pay.
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New job started
Claimant started a new job earning £214.99 per week.
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Notice of claim sent
Tribunal sent notice of claim to respondent with deadline for response.
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Response deadline missed
Respondent failed to file a response by the initial deadline.
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Case management hearing
Respondent attended and was given extension to 25 May 2022 to file response.
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Late response submitted
Respondent submitted ET3 response late without explanation.
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Response rejected
Tribunal rejected the late response; respondent could only participate on remedy.
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Final hearing
Hearing held; claimant gave evidence; respondent participated only on remedy.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether she was entitled to unpaid holiday pay, given the employer did not provide a reason for dismissal or pay her accrued leave.
The outcome
The tribunal ruled in favour of the claimant on all claims.
- The dismissal was unfair because the employer gave no reason, so the burden of proving a fair reason was not discharged.
- The claimant was awarded compensation for unfair dismissal and unpaid holiday pay.
Compensation breakdown:
- Basic award: £777.21
- Compensatory award: £2,923.84
- Holiday pay: £1,356.30
- Failure to provide written particulars: £986.40
- Total: £6,043.75
Lessons & takeaways
- Employers must provide a written statement of employment particulars within two months of the start date, or face penalties.
- Dismissing an employee by text message without notice or reason is highly likely to be unfair.
- Employees on furlough still accrue holiday leave, which must be paid on termination.
- Failing to respond to a tribunal claim can result in a default judgment where the employer cannot contest liability.
A text message dismissal with no explanation
This case shows what can happen when an employer dismisses an employee without following any proper process. The claimant, a secretary/administrator working a job-share, was dismissed by text message on 16 January 2022. She received no notice, no reason, and no payment for her accrued holiday leave. The employer, Building Services (Kent) Ltd, did not even provide a written statement of employment particulars when she started work in July 2019.
What the employer could have done differently
The employer had several opportunities to put its side of the story. After the claimant brought her claim, the tribunal sent the respondent a notice of claim with a deadline to respond. The employer missed that deadline, attended a case management hearing and was given an extension, but still filed its response late without explanation. The tribunal rejected the late response, meaning the employer could only participate in the hearing on the issue of remedy (compensation), not on liability. If the employer had provided a reason for dismissal, the outcome might have been different.
Why this result matters
This case is a reminder that employees have basic rights from day one: the right to a written statement of particulars, the right not to be unfairly dismissed, and the right to be paid for accrued holiday leave. When an employer ignores these obligations and fails to engage with the tribunal process, it can face a default judgment and a significant financial award. For employees in similar situations, it shows that even without a formal response from the employer, the tribunal can still award compensation if the evidence supports the claim.
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