If you raise a genuine concern at work and are then dismissed, you do not need two years of service to challenge that dismissal as automatically unfair.

The situation

An employee at ADHD Foundation, a charity, raised concerns about matters at work. After she did so, the charity subjected her to detrimentAny action your employer takes that puts you at a disadvantage, short of dismissal. In a whistleblowing or discrimination context, being moved to a worse role, excluded from meetings, or given an unfa... and later dismissed her. She was also disabled, and the charity failed to adjust her role to support her. When the case reached the employment tribunalAn independent court that hears disputes between employees and employers. It is free to bring a claim as a claimant, and most hearings take place in public., the charity, by then in voluntary liquidationVoluntary liquidation is when a company's directors or shareholders choose to close it down and sell its assets to pay off debts, rather than being forced to by a court. If your employer goes into vol..., did not attend the hearing to answer any of it.

What the tribunal found

The tribunal upheld two central whistleblowing protections. First, it found she had made protected disclosures and the charity subjected her to detriment because of them, unlawful under section 47B of the Employment Rights Act 1996The primary piece of legislation setting out employees rights in the UK, including the right not to be unfairly dismissed, the right to a written statement of employment particulars, and rights relati.... Second, it found she was dismissed because she made those disclosures. That is automatically unfair under section 103AA provision of the Employment Rights Act 1996 that makes it automatically unfair to dismiss an employee for making a protected disclosure. There is no qualifying period for this claim, meaning you can... of the same Act, a protection that applies from your very first day of employment, with no minimum length of service required.

The tribunal also found she was a disabled employee and that the charity had failed to make reasonable adjustmentsChanges an employer must make under the Equality Act 2010 for a disabled employee, where without them the employee would be at a substantial disadvantage compared to non-disabled colleagues. What coun... for her. A separate victimisationBeing treated badly because you've raised a complaint, supported someone else's complaint, or done something else the law protects, such as raising a grievance or whistleblowing. It is unlawful in its... claim succeeded too. Two of her claims failed. Her sex discrimination claim was dismissed because the tribunal did not hold the charity liable for comments made by an external contractor. A further disability discrimination claim was not made out on the facts.

The tribunal ordered the charity to pay £70,824 in total: £43,559 for lost earnings, and £27,265 for injury to feelingsA head of compensation in discrimination claims that recognises the distress and hurt caused by discriminatory treatment, separate from any financial loss. The amount is assessed using the Vento guide....

A similar pattern showed up in another case about being frozen out after raising a genuine concern.