Claimant won £74,540 awarded Employment Tribunal · 12 December 2023

HR Business Partner dismissed after one month for whistleblowing: £74,540 awarded

An HR Business Partner who raised concerns about a flawed redundancy process was dismissed after just one month. The tribunal awarded £74,540 after striking out the employer's response.

1 min read · Last updated 19 May 2026

Case details

Key facts

  • The claimant was employed as HR Business Partner from 14 September 2021 to 21 October 2021.
  • The claimant raised concerns about the dismissal process of two employees with less than two years' service.
  • The respondent changed the reason for dismissal from redundancy to performance.
  • The claimant's employment was terminated on 21 October 2021.
  • The tribunal struck out the respondent's response and found all claims well-founded.
  • The claimant was awarded £74,540.34 in damages.

Timeline

  1. Employment started

    Claimant began employment as HR Business Partner.

  2. Claimant advised on redundancy process

    Claimant emailed advice on best-practice consultation for two employees with less than two years' service.

  3. Director instructed immediate notice

    Mr Velani emailed claimant to inform employees of notice without consultation.

  4. First protected disclosure email

    Claimant emailed Mr Velani expressing concerns about the process and its impact.

  5. Second protected disclosure email

    Claimant emailed Mr Velani noting the change in reason for dismissal and potential legal risks.

  6. Dismissal

    Claimant's employment was terminated.

  7. Solicitor's letter

    Claimant's solicitor sent a letter asserting protected disclosures.

  8. Preliminary Hearing

    Employment Judge Dyal clarified issues and listed strike-out application.

  9. Preliminary Hearing on strike-out

    Employment Judge Leith struck out one protected act and ordered deposit for protected disclosures.

  10. Final Hearing (day 1)

    Tribunal heard the case with Employment Judge Ramsden and members.

  11. Final Hearing (day 2) and Judgment

    Tribunal struck out respondent's response, found claims well-founded, and awarded damages.

The outcome

The tribunal struck out the respondent's response and found all claims well-founded. The claimant was awarded £74,540.34 in damages.

  • Compensatory award: £41,583.87
  • No basic award (less than two years' service)
  • No Polkey or contributory reduction applied

Lessons & takeaways

  • Employees with less than two years' service can still bring unfair dismissal claims if the reason is automatically unfair, such as whistleblowing.
  • Protected disclosures must be made in the public interest and to the right person, but internal emails to a director can qualify.
  • Employers who fail to comply with tribunal orders risk having their response struck out, leading to a default judgment.
  • A short service period does not prevent a substantial compensation award if the dismissal causes significant financial loss.

This case shows how quickly a short employment relationship can unravel when an employee raises legitimate concerns. The claimant, an HR Business Partner, was employed for just over a month when she was dismissed after emailing the company director about a redundancy process she believed was flawed. She had advised that two employees with less than two years' service should still receive a fair consultation, but the director instructed immediate notice. When she followed up with concerns about the process and the changing reason for dismissal, she was dismissed.

What the employer did wrong

KBox Global Ltd failed to engage with the tribunal process properly. The tribunal struck out its response, meaning the claims were treated as undisputed. This is a drastic step that tribunals take only when a party has not complied with orders or has no reasonable defence. The employer also changed the stated reason for dismissal from redundancy to performance, which the tribunal saw as evidence of inconsistency.

Why the result matters

The case confirms that even very short-serving employees are protected from dismissal for whistleblowing. The claimant's emails about the redundancy process were held to be protected disclosures because they were made in the public interest (to protect other employees' rights) and to her employer. The award of £74,540 reflects the significant financial impact of losing a job, even after only one month's service, particularly when the employee had left a previous role to take up the position.

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