Dismissed by WhatsApp message: breakdown in trust and confidence ruled unfair
A practice manager who was dismissed via a WhatsApp message after a Christmas party incident has been awarded £12,431 after an employment tribunal found the dismissal procedurally unfair and outside the range of reasonable responses.
2 min read · Last updated 18 May 2026
Case details
- #breakdown-in-trust-and-confidence
- #christmas-party-misconduct
- #acas-code-uplift
- #polkey-reduction
- #contributory-conduct
Key facts
- The claimant was employed as a practice manager from June 2015 to May 2022.
- She was dismissed by letter attached to a WhatsApp message on 27 April 2022.
- The respondent alleged a breakdown in trust and confidence due to interpersonal issues.
- The tribunal found the dismissal was procedurally unfair and not within the range of reasonable responses.
- The claimant's behaviour at the Christmas party contributed to her dismissal.
- The award was reduced by 40% for Polkey and 10% for contributory conduct, and increased by 20% for ACAS code breach.
Timeline
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Employment started
Claimant began working as practice manager for Firvale Clinic Ltd.
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Clinic move
The clinic moved to a new address, after which the claimant's attitude reportedly changed.
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Dr Berry's WhatsApp message
Dr Berry sent a message expressing concern about the claimant's changed attitude and calling her 'work daughter'.
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Christmas party incident
Claimant made offensive comments about a colleague's breasts; she later apologised.
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Meeting between claimant and Dr Berry
Informal meeting; claimant was given every other Saturday off without pay reduction.
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Disciplinary meeting
Dr Berry raised multiple concerns; claimant was not told it was a disciplinary meeting until near the end.
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Claimant sent home
Claimant was asked to leave work due to tensions; she was signed off sick the next day.
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Dismissal
Claimant received a WhatsApp message with a dismissal letter, giving one month's notice.
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Claim presented
Claimant presented claims of unfair dismissal, breach of contract, and holiday pay.
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Liability hearing (day 1)
First day of the substantive hearing; Dr Berry became unwell and could not complete evidence.
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Liability hearing (day 2)
Hearing concluded; Dr Berry deemed unfit to give further evidence.
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Remedy hearing
Remedy hearing; awards were agreed and ordered.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, whether the reason was misconduct or some other substantial reason (SOSR), and what compensation should be awarded, including reductions for contributory conduct and Polkey.
The outcome
The tribunal found that the claimant was unfairly dismissed. The reason for dismissal was a breakdown in trust and confidence (SOSR), but the procedure was unfair: the claimant was not told the meeting was disciplinary, was not allowed a companion, and received the dismissal letter via WhatsApp without an appeal opportunity.
Compensation:
- Basic award: £3,083.40
- Compensatory award: £8,025.12 (after 40% Polkey reduction and 10% contributory reduction)
- ACAS Code uplift: 20%
- Total: £12,431.12
Lessons & takeaways
- Dismissing an employee by WhatsApp or similar informal methods is likely to be seen as procedurally unfair, especially for a long-serving employee.
- Employers should clearly inform employees that a meeting is disciplinary and allow them to bring a companion.
- A breakdown in trust and confidence can be a fair reason for dismissal, but only if the employer follows a reasonable procedure.
- Tribunals may reduce compensation if the employee's own conduct contributed to the dismissal, but the reduction is usually modest.
- Failure to follow the ACAS Code of Practice on disciplinary procedures can lead to an uplift of up to 25% on compensation.
Dismissed by WhatsApp: a cautionary tale for employers
This case shows how a breakdown in workplace relationships can lead to a dismissal that is legally unfair, even if the employer genuinely believes trust has been lost. The practice manager had worked for Firvale Clinic Limited for six years when tensions arose after a clinic move and a Christmas party incident where she made offensive comments about a colleague's breasts. While the employer, Dr Berry, saw this as part of a wider pattern of toxic behaviour, the tribunal found that the way the dismissal was handled was fundamentally flawed.
The manager was called to a meeting that she was not told was disciplinary until near the end. She was not given the chance to bring a colleague or union representative, and the allegations were not clearly set out in advance. The dismissal letter was sent via WhatsApp – a method the tribunal described as wholly inappropriate for a long-serving employee. The employer argued that the relationship had broken down so badly that no investigation could fix it, but the tribunal disagreed, noting that a reasonable employer would have followed a proper process.
What the employer could have done differently
Firvale Clinic could have avoided this outcome by following basic employment law steps: holding a proper disciplinary meeting with advance notice of allegations, allowing the employee to be accompanied, and providing a written outcome with appeal rights. Even if the employer believed the situation was irreparable, a fair process would have protected them from an unfair dismissal finding. The tribunal also noted that the employer failed to follow the ACAS Code of Practice, leading to a 20% uplift on the compensatory award.
Why this matters for similar claims
For employees in similar situations, this case reinforces that even when relationships break down, employers cannot shortcut the disciplinary process. The tribunal's decision to apply a 40% Polkey reduction (reflecting the chance the employee would have been dismissed anyway) and a 10% contributory reduction (for the Christmas party behaviour) shows that compensation can be reduced, but the core finding of unfair dismissal remains. The total award of £12,431.12 reflects the basic award, compensatory award after reductions, and the ACAS uplift.
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