Café worker automatically unfairly dismissed for asserting right to written contract

This case shows how vulnerable workers with short service can still be protected by employment law when they assert their basic rights. The claimant, a café worker employed for just six months, was dismissed after she asked for a written contract. Her employer not only refused but blocked her on WhatsApp and sent a P45 — a textbook example of a dismissal that is automatically unfair.

What went wrong for the employer

The respondent, Samantha Dalton, made several critical errors. First, she reduced the claimant's shifts because she was older and therefore entitled to a higher minimum wage — this was direct age discrimination. Second, when the claimant asked for a written contract, instead of providing one, she dismissed her. The law is clear: dismissing someone for asserting their right to a written statement of particulars is automatically unfair, regardless of length of service. Finally, the employer failed to engage with the tribunal process, leading to a strike-out of her defence and a hearing in her absence.

Why the result matters

This decision reinforces that the right to a written contract is a fundamental statutory right. Employees with less than two years' service cannot bring ordinary unfair dismissal claims, but they can bring claims for automatic unfair dismissal if the reason for dismissal falls into a protected category — such as asserting a statutory right. The tribunal also highlighted that age discrimination can occur even in small workplaces, and that injury to feelings awards are available even where the financial losses are modest.

The total award of £2,067.53 included £1,200 for injury to feelings, reflecting the distress caused by the discriminatory treatment. For anyone in a similar position, this case is a reminder that employment rights apply from day one, and that standing up for those rights — even in the face of a hostile employer — can lead to justice.