Delivery driver dismissed after asking about tax refund: unfair dismissal win
A delivery driver with only five months' service was unfairly dismissed after texting her employer about a £630 tax refund she believed was owed. The tribunal awarded £2,601.61.
1 min read · Last updated 18 May 2026
Case details
- #assertion-of-statutory-right
- #acas-code-uplift
- #failure-to-provide-written-contract
- #unpaid-wages
- #unpaid-holiday-pay
- #unpaid-notice-pay
Key facts
- The claimant was employed as a delivery driver from 9 December 2020 to 20 May 2021.
- The claimant was dismissed after texting the respondent about a tax refund she believed was owed.
- The respondent failed to provide a written contract of employment.
- The claimant had no qualifying period for unfair dismissal because the reason was assertion of a statutory right.
- The respondent unreasonably failed to comply with the ACAS Code of Practice.
Timeline
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Employment started
Claimant began working as a delivery driver for Bread Basket Sandwich Station, initially on a purported self-employed basis.
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Became 'employed'
Claimant's status changed to employee for 25 hours per week at £8.72 per hour, but she continued working additional hours on a 'self-employed' basis.
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Tax refund claimed
Claimant claimed a tax refund of £630, which she expected to receive through her employer.
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Dismissal
Claimant texted Ms Macken threatening to report the respondent to the tax office if the refund was not paid. Mr Bassi called and dismissed her.
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Offer to return to work
Later that day, Mr Bassi called again and offered the claimant her job back, but she declined as she had already found another job.
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New job started
Claimant started a new job with a higher rate of pay.
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Claim form submitted
Claimant submitted her claim to the Employment Tribunal following ACAS Early Conciliation.
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Tax refund received
Claimant received the £630 tax refund from the respondent.
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Hearing day 1
First day of the substantive hearing, held via CVP.
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Judgment given
Employment Judge Ficklin issued the judgment finding the claimant was unfairly dismissed and awarding £2,601.61.
The legal issue
The tribunal had to decide whether the claimant was an employee, whether she was unfairly dismissed for asserting a statutory right (the right to receive her tax refund as wages), and whether she was owed unpaid wages, holiday pay, and notice pay.
The outcome
The tribunal decided the claimant was unfairly dismissed because the reason was her assertion of a statutory right – asking about a tax refund she believed was owed. This type of claim does not require two years' service.
Key reasons:
- The claimant was an employee, not self-employed, despite the employer's initial arrangement.
- The dismissal was triggered by her text about the tax refund, which was an assertion of a statutory right.
- The employer failed to follow any disciplinary or grievance procedure, and did not attend the hearing.
Compensation breakdown:
- Unpaid wages: £510.12
- Holiday pay: £872.00
- Notice pay: £348.80
- Subtotal: £1,730.92
- 10% ACAS Code uplift: £173.10
- Failure to provide written contract (two weeks' pay): £697.60
- Total: £2,601.61
Lessons & takeaways
- If you are dismissed for asking about a legal entitlement like a tax refund or minimum wage, you may have a claim for unfair dismissal regardless of how long you have worked there.
- Keep a diary of hours worked and any communications about pay – it can be crucial evidence if your employer does not provide records.
- Employers who fail to provide a written contract of employment can be ordered to pay up to four weeks' pay as a penalty.
- If an employer unreasonably fails to follow the ACAS Code of Practice (e.g. no disciplinary process), a tribunal can increase compensation by up to 25%.
This case shows that even short-service employees can bring unfair dismissal claims if the reason for dismissal is an assertion of a statutory right. The claimant, a delivery driver, had worked for Bread Basket Sandwich Station for only five months when she texted her boss about a £630 tax refund she believed was owed. Instead of addressing her query, the employer dismissed her on the spot.
What the employer did wrong
The employer made several critical errors. First, it treated the claimant as self-employed when she was in fact an employee – a common mistake that can lead to liability for unpaid wages and holiday pay. Second, it dismissed the claimant without any investigation or disciplinary process, which meant it automatically failed to comply with the ACAS Code of Practice. Third, it did not provide a written contract, triggering an additional penalty.
Why the result matters
The case is a reminder that the right to be paid what you are owed is a statutory right. Dismissing someone for asserting that right – even informally, by text – is automatically unfair. The tribunal also highlighted that the employer's failure to engage with the process (it walked out of the hearing) did not help its case. For employees in similar situations, the key takeaway is to document everything and seek advice early, as claims for unpaid wages and holiday pay can be brought alongside an unfair dismissal claim even with short service.
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