Barber's assistant dismissed while signed off sick: no procedure, no fairness
A barber's assistant who was dismissed by text message while on sick leave has won £16,840 in compensation for unfair dismissal, unpaid wages, holiday pay and sick pay.
1 min read · Last updated 19 May 2026
Case details
- #apprentice-status-dispute
- #national-minimum-wage-underpayment
- #unfair-dismissal
- #wrongful-dismissal
- #holiday-pay
- #statutory-sick-pay
- #acas-code-uplift
Key facts
- The claimant worked as a barber's assistant from 6 January 2020 to 9 July 2022.
- The respondent paid the claimant at the apprentice NMW rate instead of the adult rate.
- The claimant was dismissed on 9 July 2022 after being signed off sick, without any procedure.
- The tribunal found the claimant was an employee, not an apprentice.
- The respondent failed to provide a written statement of terms and conditions.
Timeline
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Employment started
Claimant began working for respondent as a barber's assistant under an oral agreement.
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Written contract allegedly signed
Respondent produced a written contract dated 26 February 2020, but claimant denied signing it.
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Sick leave for surgery
Claimant was absent for four weeks in September 2021 for surgery; no statutory sick pay was paid.
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Unpaid holiday
Claimant took a week's holiday from 21-28 February 2022 but was not paid.
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Dismissal
Respondent told claimant's mother he would take claimant off the books and issue a P45, ending employment without notice.
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Claim presented
Claimant presented her claim to the Employment Tribunal.
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First hearing (in absence)
Hearing proceeded in respondent's absence; judgment for £1,700 was made but later set aside.
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Reconsideration granted
Employment Judge Hallen set aside the earlier judgment due to respondent not receiving notice.
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Liability hearing
Employment Judge Reid found claimant was an employee, unfairly dismissed, and entitled to various payments.
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Remedy hearing
Tribunal awarded total compensation of £16,840.30.
The legal issue
The tribunal had to decide whether the claimant was an employee or an apprentice, whether her dismissal was unfair, and whether she was owed unpaid wages, holiday pay and statutory sick pay.
The outcome
The tribunal found that the claimant was an employee, not an apprentice, and that she had been unfairly dismissed. The respondent had failed to follow any disciplinary or capability procedure before dismissing her while she was signed off sick.
Compensation awarded:
- Basic award: £247.86
- Compensatory award: £3,067.88
- Unpaid wages: £800
- Notice pay: £200
- Holiday pay: £600
- Statutory sick pay: £1,104.56
- ACAS code uplift (25%): £1,020.00
- Total: £16,840.30
Lessons & takeaways
- Employers must follow a fair procedure before dismissing an employee, even during sickness absence.
- Paying an employee at the apprentice rate when they are not a formal apprentice can lead to claims for unlawful deduction of wages.
- Employees with less than two years' service have limited unfair dismissal rights, but this claimant had over two years' service.
- Failing to provide a written statement of terms can result in additional compensation.
- The ACAS Code of Practice on disciplinary and grievance procedures applies to all dismissals; ignoring it can increase compensation by up to 25%.
A dismissal with no warning
The claimant worked as a barber's assistant for two and a half years. When she was signed off sick in July 2022, her employer told her mother that she would be taken off the books and issued a P45. No investigation, no meeting, no right of appeal. The tribunal found this was a textbook unfair dismissal.
What the employer did wrong
The respondent treated the claimant as an apprentice and paid her at the apprentice national minimum wage rate. But there was no formal apprenticeship agreement, and the tribunal found she was an ordinary employee. That meant she was entitled to the adult minimum wage, holiday pay, and statutory sick pay — none of which she received. The employer also failed to provide a written statement of terms, which added to the compensation.
Why the result matters
This case is a reminder that dismissing an employee without any process — especially while they are on sick leave — is almost certain to be unfair. The ACAS Code of Practice requires employers to follow a fair procedure, including giving the employee a chance to explain their side. The 25% uplift on compensation for ignoring the Code shows that tribunals take this seriously. For employees, the case also highlights the importance of checking whether you are being paid the correct minimum wage rate, particularly if you are young or in a role that might be mislabelled as an apprenticeship.
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