Cashier told 'you're sacked' by a manager who had no authority to dismiss: no unfair dismissal
A cashier claimed she was unfairly dismissed after a manager told her she was 'sacked' during a heated argument. The tribunal found she was not dismissed because the manager had no authority to dismiss and the employer never accepted the termination.
1 min read · Last updated 18 May 2026
Case details
- #no-dismissal
- #manager-without-authority
- #withdrawal-of-dismissal
- #shift-dispute
- #unauthorised-deductions
Key facts
- The claimant was employed as a cashier from 11 September 2019.
- On 5 August 2022, area manager Arif Patel told the claimant she was 'sacked' after a heated exchange.
- Arif Patel did not have authority to dismiss employees.
- The claimant completed her shift and later discussed future shifts with management.
- The claimant sent WhatsApp messages and grievances about shifts, not about dismissal.
- The respondent maintained the claimant remained employed and offered her shifts.
Timeline
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Employment commenced
Claimant started working as a cashier for the respondent, contracted for 16 hours per week.
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Alleged promise of increased hours
Claimant alleged Hanif Patel promised to increase her hours to 32 per week, but this was denied and not implemented.
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Claimant started second job
Claimant began working for another employer, indicating she knew her hours with the respondent were not increased.
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Claimant signed contract
Claimant signed an amended contract that did not specify hours; she did not raise the issue of promised hours.
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Transfer to Three Nuns site
Roseville Road site closed for renovation; claimant transferred to Three Nuns and requested reduction to 8 hours per week.
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Altercation and alleged dismissal
Claimant repeatedly asked Arif Patel about rotas; he lost his temper, said 'you are sacked', and told her to leave. Claimant said he could not sack her and completed her shift.
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Shaheena Patel confirmed no dismissal
Operations manager Shaheena Patel attended the site and told claimant she was not sacked; they discussed future shifts.
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Claimant discussed shifts with friend
Claimant sent WhatsApp messages to a friend about future shifts, inconsistent with having been dismissed.
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Claimant submitted grievance
Claimant wrote a grievance letter about shifts and bullying, making no reference to dismissal.
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Claimant submitted fit note
After failing to attend shifts, claimant submitted a fit note for work stress, indicating she considered herself still employed.
The legal issue
The tribunal had to decide whether the claimant was actually dismissed when a manager who lacked authority told her she was 'sacked', and whether the employer's subsequent actions (confirming she was not dismissed and offering further shifts) meant her employment continued.
The outcome
The tribunal dismissed all claims, including unfair dismissal, holiday pay, notice pay, unauthorised deductions, and failure to provide written particulars.
Key reasons:
- The area manager who said 'you're sacked' had no authority to dismiss employees.
- The employer's operations manager attended the same day and told the claimant she was not dismissed; they discussed future shifts.
- The claimant's own conduct after the incident (sending WhatsApp messages about future shifts, submitting a grievance about shifts and bullying without mentioning dismissal, and later submitting a fit note for work stress) was inconsistent with having been dismissed.
- The claimant continued to be offered shifts and remained on the payroll.
No compensation awarded as there was no dismissal.
Lessons & takeaways
- If a manager without authority says you are dismissed, check with senior management — the employer may not accept that as a valid dismissal.
- Your own actions after an alleged dismissal can be used as evidence: continuing to discuss shifts or submitting a grievance about working conditions may suggest you do not consider yourself dismissed.
- An employer can avoid liability for unfair dismissal by promptly repudiating an unauthorised dismissal and confirming your employment continues.
- Claims for unauthorised deductions or breach of contract will fail if there is no dismissal and you have not actually suffered a loss.
When 'you're sacked' is not a dismissal
This case shows that words spoken in the heat of the moment by a manager who lacks authority may not amount to a dismissal in law. The cashier, who had worked for the petrol station group for three years, had a heated exchange with area manager Arif Patel about her shifts. He told her she was 'sacked' and to leave. But the employer's operations manager attended the same day, told her she was not dismissed, and discussed future shifts.
The tribunal noted that the claimant herself acted in a way that was inconsistent with having been dismissed. She completed her shift, sent WhatsApp messages about future shifts, and later submitted a grievance about shifts and bullying — without any mention of dismissal. She also submitted a fit note for work stress, indicating she considered herself still employed.
What the employer did right
The employer's swift response was key. By sending a senior manager to the site to confirm the claimant was still employed and offering her further shifts, the employer effectively repudiated the unauthorised words of the area manager. The tribunal found that the employer never accepted the purported dismissal, and the claimant's employment continued.
Why this matters for similar claims
For employees, this case is a reminder that not every angry 'you're fired' from a manager will be treated as a dismissal — especially if the manager lacks authority and the employer quickly corrects the situation. For employers, it highlights the importance of training managers on their authority limits and having a clear process to address any unauthorised statements promptly.
The case also illustrates that an employee's own conduct after an alleged dismissal can be powerful evidence. If you believe you have been dismissed, you should act consistently with that belief — for example, by not discussing future shifts or submitting grievances that suggest you are still employed.
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