Driver dismissed by WhatsApp message wins unpaid wages claim
A driver with just 11 months' service was dismissed without notice via WhatsApp and not paid for his final month. The tribunal awarded £1,812.80 for unlawful deduction of wages and failure to provide written particulars.
2 min read · Last updated 18 May 2026
Case details
- #oral-contract
- #failure-to-provide-written-particulars
- #dismissal-without-notice
- #default-judgment
- #no-response
Key facts
- The claimant was employed as a driver from 17 May 2021 to 12 April 2022.
- The respondent did not provide a written statement of employment particulars.
- The claimant was dismissed without notice on 12 April 2022.
- The respondent failed to pay the claimant's wages for April 2022.
- The respondent did not attend the hearing or file a response.
- The claimant withdrew his unfair dismissal and holiday/pension claims.
Timeline
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Employment started
Claimant began employment as a driver for the respondent.
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Dismissal
Claimant was dismissed without notice via WhatsApp message.
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Wages due
Claimant's wages for April 2022 were due but not paid.
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Early conciliation started
Early conciliation began.
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Early conciliation ended
Early conciliation certificate issued.
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Claim presented
Claim form submitted to the tribunal.
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Full merits hearing
Hearing held by CVP; respondent did not attend.
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Judgment issued
Reserved judgment sent to parties.
The legal issue
The tribunal had to decide whether the respondent unlawfully deducted wages by not paying the claimant's salary for April 2022, and whether the respondent failed to provide a written statement of employment particulars as required by law.
The outcome
The tribunal upheld the claim for unauthorised deductions from wages, awarding £988.80 for the unpaid April 2022 salary. It also found that the respondent failed to provide a written statement of employment particulars, awarding an additional £824.00 (two weeks' net pay). The claimant withdrew his claims for unfair dismissal (due to insufficient service) and for holiday pay and pension deductions.
- Unpaid wages (April 2022): £988.80
- Failure to provide written particulars: £824.00
- Total award: £1,812.80
Lessons & takeaways
- Even without a written contract, an oral agreement can be proven through payslips and bank statements showing regular payments.
- Employers must provide a written statement of employment particulars within two months of the start of employment, or face a penalty of up to four weeks' pay.
- Dismissing an employee by WhatsApp message without notice is likely to be a breach of contract, but an unfair dismissal claim requires two years' continuous service.
- If an employer fails to respond to tribunal proceedings, a default judgment may be entered against them, but the tribunal may still require a hearing to assess the claim.
A WhatsApp dismissal and unpaid wages
The claimant was employed as a driver for Neil Hadris, trading as NH Transport Services, from 17 May 2021. His employment ended abruptly on 12 April 2022 when he was dismissed via a WhatsApp message. He was not paid his wages for April 2022, which were due on 30 April. With less than two years' service, he could not pursue an unfair dismissal claim, but he could bring claims for unlawful deduction of wages and failure to provide written particulars.
The respondent did not attend the hearing or file a response, despite being properly notified. The tribunal therefore considered the evidence presented by the claimant, including payslips from the early months of employment and bank statements showing regular monthly payments of £1,785.60 marked 'wages'. This was sufficient to establish an oral contract for monthly pay of that amount.
What the employer could have done differently
Had the respondent engaged with the process, they might have been able to argue that the wages were not due or that the amount was different. But by failing to respond, they lost the opportunity to contest the claim. The tribunal noted that the respondent did not appear on the Insolvency Register, suggesting the award may be recoverable. However, enforcing the judgment against a sole trader may still be challenging.
The case also highlights the importance of providing written particulars. Even if the employment ends quickly, the employer must give a written statement within two months. The failure to do so here resulted in an additional award of two weeks' pay.
Why this matters for similar claims
This case shows that employees with short service can still bring successful claims for unpaid wages and for breach of the written particulars obligation. The key is to have evidence of the employment relationship and the amount of pay agreed. Bank statements and payslips can be crucial. It also demonstrates that tribunals will proceed even if the employer does not participate, but the claimant must still prove their case on the balance of probabilities.
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