Healthcare assistant with 3 months' service wins wrongful dismissal claim for notice pay
A healthcare assistant who was dismissed without notice after just three months has been awarded £480 in notice pay. The tribunal rejected his other claims for automatic unfair dismissal, sex discrimination, and breach of contract.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed as a healthcare assistant from March/April 2022 until June/July 2022.
- The claimant paid £2,000 to the respondent's director's personal account as an inducement for a certificate of sponsorship.
- The claimant was dismissed on 7 June 2022, receiving a letter dated 2 June 2022 at an incorrect address.
- The tribunal found no gross misconduct and awarded one week's notice pay of £480.
- The claimant's claims for automatic unfair dismissal, sex discrimination, unauthorised deductions, and breach of contract were dismissed.
Timeline
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Job application
The claimant applied for a healthcare assistant role with the respondent.
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Request for contract
The claimant asked for his employment contract before booking shifts.
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Certificate of sponsorship issued
The respondent issued a COS for 5 years starting 1 April 2022.
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Induction
The claimant attended induction at the respondent's offices.
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Full-time work started
The claimant began working full time.
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Email complaints
The claimant emailed complaints about pay, accommodation, and working hours.
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Meeting and suspension from work
The claimant was told he needed more training and was not allowed to work until completed.
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Dismissal letter sent
The respondent sent a dismissal letter to an old address; claimant did not receive it.
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Text notification of dismissal
The respondent texted the claimant that his employment was terminated.
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Claimant attended office
The claimant went to the respondent's office and was escorted out; tribunal found this was the effective date of termination.
The legal issue
The tribunal had to decide whether the claimant was entitled to notice pay (wrongful dismissal) and whether his dismissal was automatically unfair due to protected disclosures or sex discrimination.
The outcome
The tribunal upheld only the wrongful dismissal claim, awarding one week's notice pay of £480.
- The respondent sent the dismissal letter to an old address and texted the claimant on 6 June 2022, but the effective date of termination was 7 June 2022 when he attended the office.
- No gross misconduct was found, so the claimant was entitled to notice.
- All other claims (automatic unfair dismissal, sex discrimination, unauthorised deductions, breach of contract) were dismissed as not well founded.
Lessons & takeaways
- Even short-service employees are entitled to notice pay unless they are dismissed for gross misconduct.
- Sending a dismissal letter to an incorrect address may delay the effective date of termination and increase liability.
- Claims for automatic unfair dismissal or discrimination require strong evidence; a tribunal will scrutinise the facts carefully.
- Paying a fee to an employer for a certificate of sponsorship is not recoverable as a breach of contract if it is not part of the employment contract.
This case illustrates that even employees with very short service have basic rights to notice pay. The claimant, a healthcare assistant, worked for Gain Healthcare Limited for only about three months before being dismissed. The tribunal found that the respondent had not followed a proper process and had failed to give the claimant his contractual notice.
What went wrong for the employer
The respondent sent a dismissal letter to an old address, which the claimant never received. He only learned of his dismissal by text message. When he attended the office, he was escorted out. The tribunal concluded that the effective date of termination was that day, and since no gross misconduct was proven, the claimant was entitled to one week's notice pay.
Why the other claims failed
The claimant also argued that his dismissal was automatically unfair because he had made protected disclosures about working hours and patient care, and that he was discriminated against because of his sex. However, the tribunal found insufficient evidence to support these claims. Similarly, his claim for the return of a £2,000 'admin fee' paid for a certificate of sponsorship was dismissed as it was not part of his employment contract.
What this means for similar cases
For employees, this case is a reminder that notice pay is a basic contractual right that applies regardless of length of service, unless there is clear gross misconduct. For employers, it highlights the importance of using correct contact details and following a fair dismissal process, even for short-term staff. The relatively low award of £480 reflects the claimant's short service and low weekly wage, but the principle remains important.
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