The short answer is: sometimes it is lawful, but often it’s a sign that the dismissal may be unfair.
Employment Law Partner Natalie Abbott explains the legal position on dismissal by text, and your potential options if you’ve been sacked by SMS.
Can an employer legally dismiss someone by text?
There’s no specific law in the UK that outright bans an employer from dismissing an employee by text message. However, the way a dismissal is handled is crucial. Even where an employer believes they have a valid reason to dismiss someone, they must still act reasonably and fairly throughout the process.
In most cases, dismissing an employee by text message will be difficult to justify. Particularly if it is abrupt, impersonal, and unsupported by any proper procedure.
Why dismissing someone by text message is risky for employers
Dismissing an employee by SMS or online message can raise serious concerns because it may:
- deny the employee the opportunity to respond or explain their side
- suggest the employer avoided a proper disciplinary or dismissal process
- breach the employee’s contract, especially where notice must be given in writing
- appear unreasonable or dismissive if reviewed by an employment tribunal
Tribunals look closely at how a dismissal was carried out, not just why it happened.
Fair dismissal still requires a proper process
Even where there is a genuine reason for dismissal – such as misconduct, poor performance, or redundancy – the employer is expected to follow a reasonable process. In most situations, this includes:
- warnings being issued in writing
- meetings to discuss concerns with the employee
- a clear explanation of the problem
- an opportunity for the employee to respond
- a final warning before dismissal (except in cases of gross misconduct)
Employees are also generally entitled to know why they are being dismissed, and to receive the correct notice under their contract or under statutory rules.
Some employment contracts specifically state that notice must be given in writing, which may not be satisfied by a brief or informal text message.
What if you’re sacked by text message?
If you’ve been dismissed by SMS, it helps to look closely at what actually happened. Ask yourself:
- Were you given any previous warnings?
- Were you invited to any meetings to discuss concerns?
- Were you told the reason for your dismissal?
- Does your contract explain how notice should be given?
Example 1: You receive a text asking you to attend a meeting. At that meeting, your employer explains the reasons for dismissal and follows up with written confirmation.
Example 2: You receive a message saying something like “Don’t come in again—you’re sacked”, with no warnings, meetings, or explanation.
The second situation is far more likely to be considered unfair.
Mass dismissals by text message
In rare cases, large numbers of employees may be dismissed by text or email, for example, where a business has suddenly become insolvent.
While even these scenarios can be legally complex, they are very different from individual dismissals for conduct or performance, where a fair process is usually expected.
Have you been unfairly dismissed by SMS?
Many employees assume there is nothing they can do after being sacked by text message, but that isn’t always the case.
If you believe that it was handled unfairly, an employment solicitor can review what happened, explain your rights, and advise whether you may be able to bring an unfair dismissal claim. Acting early is important, as strict time limits often apply.
If you’re unsure where you stand, getting legal advice can help you understand your options and decide on your next steps with confidence. Contact our Employment Law team on 03456 465465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
