Dismissed by text message after raising concerns about undercooked chicken
A part-time takeaway worker was unfairly dismissed by text message after complaining about undercooked chicken. The tribunal awarded £14,628.50 in compensation.
1 min read · Last updated 19 May 2026
Case details
- #dismissal-by-text-message
- #abusive-messages
- #acas-code-uplift
- #failure-to-provide-payslips
- #unpaid-holiday-pay
- #unauthorised-deductions
- #no-written-statement
Key facts
- The claimant was employed from 23 September 2020 to 21 October 2022 as a part-time worker.
- On 19 October 2022, a dispute arose about undercooked chicken.
- On 21 October 2022, the respondent dismissed the claimant by text message.
- The respondent sent abusive messages after dismissal.
- The claimant was not provided with payslips, a written statement of terms, or paid holiday.
- The respondent did not attend the hearing or submit a response.
Timeline
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Employment started
Claimant began working for the respondent as a part-time worker, 23 hours per week over 5 days.
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Change to monthly pay
The claimant's wages changed from fortnightly to monthly payments, with part cash and part bank transfer.
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Dispute over chicken
Claimant raised concerns about undercooked chicken, leading to a dispute with Miss Georgia Heer.
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Dismissal by text message
Claimant received a text message from Miss Heer saying it was best she did not return to work, followed by abusive messages.
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Claim presented
Claimant submitted claims for unfair dismissal, wrongful dismissal, unpaid wages, holiday pay, and failure to provide documents.
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Final hearing
Employment Tribunal hearing in person at Midlands West Employment Tribunal. Respondent did not attend.
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Written reasons sent
Employment Judge Wright issued written reasons for the judgment.
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Preparation time order
Tribunal ordered respondent to pay £432 preparation costs for the claimant's representative.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, wrongfully dismissed, and whether the employer made unlawful deductions from wages, failed to pay holiday pay, and failed to provide payslips and a written statement of terms.
The outcome
The tribunal found in favour of the claimant on all claims.
- Unfair dismissal: The dismissal by text message was automatically unfair because the employer failed to follow any disciplinary process or the ACAS Code of Practice.
- Wrongful dismissal: The claimant was entitled to two weeks' notice pay, but this was offset against the unfair dismissal award.
- Unlawful deduction of wages: The employer failed to pay wages for October and November 2022, totalling £266.
- Holiday pay: The claimant was owed £2,545.05 in accrued but unpaid holiday pay.
- Failure to provide written statement: The employer was ordered to pay £874 for not providing a written statement of terms.
- Failure to provide payslips: A declaration was made that the employer failed to provide itemised pay statements.
Compensation breakdown:
- Basic award: £437
- Compensatory award: £10,894.50 (including £7,866 loss of earnings, £500 loss of statutory rights, plus 25% uplift for ACAS Code breach)
- Holiday pay: £2,545.05
- Unpaid wages: £266
- Failure to provide written statement: £874
- Preparation time order: £432
- Total: £14,628.50
Lessons & takeaways
- Dismissing an employee by text message without any investigation or hearing is almost certainly unfair.
- Employers who fail to respond to tribunal claims or attend hearings risk having a default judgment made against them.
- Employees are entitled to a written statement of terms, payslips, and paid holiday – failure to provide these can lead to additional compensation.
- Following the ACAS Code of Practice on disciplinary procedures is essential; failure to do so can result in a 25% uplift on compensation.
- Even short-service employees (2 years) are protected from unfair dismissal if the employer's conduct is sufficiently unreasonable.
A dispute over chicken leads to a text message dismissal
This case shows how a seemingly minor workplace disagreement can escalate into a legally significant unfair dismissal claim. The claimant, a part-time takeaway worker with two years' service, raised a concern about undercooked chicken on 19 October 2022. Two days later, she was dismissed by text message – and then received abusive messages from her employer.
The employer, Crispy Cod Ketley Ltd, did not attend the tribunal hearing or submit any response. This meant the tribunal accepted the claimant's evidence unchallenged. The judge found that the dismissal was automatically unfair because the employer failed to follow any disciplinary process or the ACAS Code of Practice.
What the employer could have done differently
The employer had several opportunities to avoid this outcome. First, they could have investigated the chicken dispute properly and given the claimant a chance to explain her side. Second, they could have followed a fair disciplinary procedure, including a hearing and right of appeal. Third, they could have responded to the tribunal claim and attended the hearing to present their case. By doing none of these, they left themselves open to a maximum award.
Why this result matters
This case is a reminder that even small businesses must follow basic employment law. The tribunal awarded a total of £14,628.50, including a 25% uplift for failing to follow the ACAS Code. The claimant also received compensation for unpaid wages, holiday pay, and the employer's failure to provide a written statement of terms and payslips. For employees in similar situations, this case shows that the tribunal will take a strong stance against employers who act arbitrarily and fail to engage with the process.
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