Gymnastics coach dismissed by text for poaching gymnasts: unfair dismissal with 75% reduction
A gymnastics coach who encouraged gymnasts to leave for a rival club was unfairly dismissed by text message, but her compensation was cut by 75% for her own misconduct. She was awarded £167.08.
1 min read · Last updated 18 May 2026
Case details
- #misconduct
- #poaching
- #small-employer
- #text-message-dismissal
- #contributory-conduct
- #acas-code-uplift
- #no-section-1-statement
Key facts
- The claimant was employed as a gymnastics coach from 8 August 2019 to 6 August 2022.
- The claimant encouraged gymnasts to leave the respondent and join a competitor club.
- 16 competition squad gymnasts left the respondent, causing a loss of nearly £3,000 monthly revenue.
- The respondent dismissed the claimant by text message on 6 August 2022 without any investigation or procedure.
- The tribunal found the claimant contributed to her dismissal by 75%.
Timeline
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Claimant starts second period of work
The claimant began working for the respondent again after returning from university.
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New coach Hayley starts
Hayley started working for the respondent and began influencing the claimant.
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Mrs Eves goes on holiday
Katie Eves went on holiday, leaving senior coach Leigh Anne Lee in charge.
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Hayley resigns
Hayley resigned to join a competitor club in Retford.
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Parents complain about claimant
Parents complained to Mrs Eves that the claimant was encouraging children to leave.
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Claimant dismissed by text message
Mrs Eves sent a text message dismissing the claimant without notice or procedure.
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Claimant issues claim
The claimant issued her claim in the Employment Tribunal.
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Consent judgment on wages claim
The claimant's unlawful deduction claim succeeded by consent, awarding £800.15.
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Substantive hearing day 1
The tribunal heard evidence on employment status and unfair dismissal.
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Substantive hearing day 2 and judgment
The tribunal concluded the hearing and issued its judgment.
The legal issue
The tribunal had to decide whether the claimant was an employee, whether she was unfairly dismissed for misconduct, and what compensation was appropriate, including reductions for her own contribution and for the employer's failure to follow the ACAS Code of Practice on disciplinary procedures.
The outcome
The tribunal decided the claimant was unfairly dismissed because the respondent dismissed her by text message without any investigation, disciplinary hearing, or right of appeal. This was a fundamental failure of procedure.
However, the tribunal found that the claimant had actively encouraged gymnasts to leave the respondent and join a competitor, causing a loss of nearly £3,000 per month in revenue. This conduct contributed 75% to her dismissal.
Compensation was reduced accordingly:
- Basic award: £32.13 (reduced by 75% to £8.03)
- Compensatory award: £134.95 (reduced by 75% to £33.74)
- Total award: £167.08 (including a 10% uplift of £12.27 for failure to follow the ACAS Code, applied to the compensatory award before the reduction)
Lessons & takeaways
- Dismissing an employee by text message without any investigation or hearing is almost certain to be unfair, regardless of the employee's misconduct.
- Even if an employer has strong evidence of misconduct, they must still follow a fair procedure – including an investigation, a disciplinary meeting, and a right of appeal.
- Employees who actively poach customers or clients risk having their compensation substantially reduced for contributory conduct, sometimes by 75% or more.
- Employers who fail to provide a written statement of employment particulars (section 1 statement) may face an additional award of 2-4 weeks' pay.
- The ACAS Code of Practice on disciplinary procedures applies to all employers; failing to follow it can lead to a 25% uplift on compensation.
A text message dismissal that went wrong
This case shows how a small employer's informal approach to discipline can backfire badly. The gymnastics coach had been encouraging gymnasts to leave Doncaster Gymnastics Academy for a rival club, and 16 competition squad members followed her lead – costing the academy nearly £3,000 a month in lost revenue. But instead of following a proper disciplinary process, the owner simply sent a text message dismissing her. No investigation, no meeting, no chance to respond.
The tribunal acknowledged the coach's misconduct was serious. She had actively poached gymnasts, and the evidence from parents supported the owner's concerns. But the complete lack of procedure meant the dismissal was automatically unfair. Even where an employer believes they have a cast-iron case, they must still give the employee a fair hearing.
What the employer could have done differently
The academy's owner could have suspended the coach pending an investigation, then held a disciplinary meeting where the coach could explain her actions. Even a short, informal meeting would have been better than a text message. The tribunal also noted the employer had not provided a written statement of employment particulars, which led to an additional award.
Why the result matters
This case is a reminder that the right to a fair procedure applies to all employees, regardless of the strength of the allegations against them. For employees, it shows that even if you win your unfair dismissal claim, your own misconduct can dramatically reduce your compensation – here by 75%. For employers, it reinforces that cutting corners on procedure can be costly, even when the employee's behaviour is clearly wrong.
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