Whistleblowing protection doesn’t have to be your only claim if you’re dismissed for speaking up
“Automatic unfair dismissalA dismissal that's automatically treated as unfair, regardless of how long you've worked somewhere. This applies to reasons like whistleblowing, asserting a statutory right, health and safety, or preg..., unfair dismissalA legal claim you can bring if your employer dismissed you without a fair reason or without following a fair process. You normally need two years of continuous employment to qualify, though some dismi..., discrimination, and breach of contractWhen one party to an employment contract fails to comply with one of its terms without a lawful reason. Your employer breaching a significant term of your contract can entitle you to resign and claim ... all succeeded.”
A dismissal that follows you raising a concern at work can be challenged on more than one legal basis at once: as whistleblowingMaking a disclosure about wrongdoing in your workplace, such as a health and safety risk, a criminal act, or a miscarriage of justice. If the disclosure qualifies as protected, the law gives you signi..., as ordinary unfair dismissal, as discrimination, and as breach of contract.
- Don't assume whistleblowing law is your only route if you're dismissed after speaking up. Several claims can succeed together.
- Write down what you disclosed, exactly when, and who you told. That record shapes whether it legally counts as a protected disclosure.
- Get advice early. Whistleblowing claims have strict legal tests, and time limits for bringing any tribunal claim are short.
The situation
The claimant raised a protected disclosureThe legal term for a qualifying whistleblowing report. For a disclosure to be protected it must relate to specific categories of wrongdoing, you must reasonably believe it is true, and in most cases i..., what the law calls whistleblowing, about wrongdoing at work. He was later dismissed. He brought tribunal claims for automatic unfair dismissal linked to whistleblowing, ordinary unfair dismissal, discrimination, and wrongful dismissalA breach of contract claim, usually about not being given the correct notice or notice pay, decided under ordinary contract law rather than employment rights legislation. It is different from unfair d..., and the case went to a full five-day merits hearing.
What the tribunal found
The tribunal found in the claimant's favour on every substantive claim. It held he was automatically unfairly dismissed for making a protected disclosure 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 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.... His dismissal was also unfair under the ordinary unfair dismissal test. He had been discriminated against under the Equality Act 2010The main piece of legislation protecting employees from discrimination at work. It covers nine protected characteristics including age, disability, sex, race, and religion, and makes it unlawful for a..., and his dismissal breached his contract too. He was awarded a basic awardA fixed element of an unfair dismissal award, calculated by reference to your age, length of service, and weekly pay. Unlike the compensatory award, it is less affected by Polkey reductions. of £3,997 and a compensatory awardThe main part of an unfair dismissal award, calculated to cover your actual financial loss. It is not automatic and can be reduced, including to nil, if the tribunal concludes you would have been dism... covering lost earnings from the end of his notice periodThe period of time either party must give before ending the employment relationship. Your contract will usually set a notice period, but the law also provides a minimum statutory notice period based o... through August 2024, plus compensation for loss of statutory rights. On top of that, he received £2,500 for unlawful deductions from wages and £979.08 in unpaid holiday payThe pay you receive for the paid annual leave you're entitled to under UK law, worth at least 5.6 weeks a year for most workers. It's usually calculated from your normal pay, though the exact method d... by consent.
Mr J J Cairns v Sporting Chance NE Ltd. Case 2502367/2023. Employment Tribunal. 2 June 2026.