Husband's abusive texts led to dismissal: tribunal upholds salon owner's decision
A hair salon employee was fairly dismissed after her husband sent 41 threatening texts to the owner. The tribunal dismissed her unfair dismissal and holiday pay claims, and considered a costs application.
1 min read · Last updated 18 May 2026
Case details
- #threatening-text-messages
- #costs-order
- #representative-conduct
- #late-bundle
- #withdrawn-discrimination-claim
Key facts
- The claimant's husband sent 41 abusive text messages to the respondent on 25 October 2020.
- The claimant withdrew her age discrimination claim two days before the final hearing.
- The hearing bundle was provided to the respondent only five days before the hearing, six months late.
- The claimant failed to provide a schedule of loss until the final hearing.
- The holiday pay claim was based on one day's pay, and evidence showed the claimant was overpaid.
- The claimant's representative applied to convert the hearing to CVP at the last minute due to a misunderstanding.
Timeline
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Abusive text messages sent
The claimant's husband sent 41 threatening and abusive text messages to the respondent within 45 minutes.
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Employment terminated
The claimant's employment with Thairapy Hair Design ended.
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Claim presented to tribunal
The claimant presented claims for unfair dismissal, age discrimination, redundancy payment, and holiday pay.
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Case management preliminary hearing
Regional Employment Judge Pirani conducted a preliminary hearing; the claimant was represented by Ms Cook.
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Case management order issued
The CMO listed claims including age discrimination; the claimant was ordered to provide a bundle index by 7 January 2022.
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Respondent's costs warning
The respondent warned the claimant that pursuing the age discrimination claim would lead to a costs application.
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Further case management order
The tribunal reminded parties to comply with orders and cooperate on the bundle.
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Hearing bundle provided
The claimant provided the paginated bundle to the respondent, five days before the final hearing.
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Age discrimination claim withdrawn
The claimant informed the respondent that she was not pursuing the age discrimination claim.
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Application to convert to CVP
The claimant applied to convert the hearing to video due to a broken foot and ferry disruption.
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Final hearing begins
The final hearing commenced at Southampton via video.
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Judgment issued
Employment Judge Lowe dismissed the claims for unfair dismissal and holiday pay.
The legal issue
The tribunal had to decide whether the employee's dismissal for conduct (her husband's abusive texts) was fair, and whether she was entitled to holiday pay. It also considered whether to award costs against the employee or her representative for unreasonable conduct.
The outcome
The tribunal dismissed the employee's claims for unfair dismissal and holiday pay in full.
- The dismissal was fair because the employer reasonably believed the employee was responsible for or condoned her husband's threatening behaviour, and dismissal was within the range of reasonable responses.
- The holiday pay claim failed because the employee had already been overpaid for the day in question.
- The tribunal also considered costs applications against the employee and her representative for late bundle provision, last-minute withdrawal of a discrimination claim, and other conduct, but no costs order was made in this judgment (a separate costs hearing was held).
Lessons & takeaways
- Employers can fairly dismiss an employee for the actions of a family member if there is a genuine belief the employee was involved or condoned the behaviour.
- Withdrawing a weak claim at the last minute can lead to a costs application, especially if it causes unnecessary expense for the other side.
- Failing to comply with tribunal orders, such as providing a hearing bundle late, can result in costs orders against you or your representative.
- Holiday pay claims based on a single day may not succeed if the employer can show you were already paid for that time.
- If you bring multiple claims, ensure each has reasonable prospects; otherwise, you risk costs for the parts that are hopeless.
When a partner's actions cost you your job
This case shows that an employer can fairly dismiss an employee for conduct that isn't directly their own – if there's a reasonable belief the employee was involved or condoned it. The hair salon employee's husband sent 41 abusive texts to the owner in 45 minutes. The owner believed the employee must have known about or encouraged this, and dismissed her. The tribunal agreed this was within the range of reasonable responses for a small business.
What went wrong for the employee
The employee's case was undermined by poor conduct of the litigation itself. Her representative provided the hearing bundle only five days before the final hearing – six months late. She withdrew an age discrimination claim just two days before the hearing, after being warned about costs. And her holiday pay claim collapsed when the employer showed she had already been overpaid for the day in question. The tribunal noted the 'unreasonable manner' in which proceedings were conducted, though no costs order was made in this judgment.
Key takeaways for similar claims
If you're bringing an unfair dismissal claim, be realistic about whether the employer acted unreasonably. Here, the employer had a genuine belief based on the texts, and the employee had only short service (under two years), which limits the fairness test. Also, ensure all your claims have merit – a weak claim can taint the whole case and risk costs. Finally, comply with tribunal orders on time; late bundles and last-minute withdrawals waste everyone's time and money.
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