Dismissed after raising health and safety concerns: a partial win for the employee
A former employee of Ian Henery Solicitors Ltd was initially found to be unfairly dismissed for raising health and safety concerns, but the unfair dismissal judgment was later revoked. The tribunal confirmed wrongful dismissal and awarded £3,336 in total.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant raised health and safety concerns about workplace arrangements.
- The respondent dismissed the claimant without notice.
- The tribunal found the claimant was wrongfully dismissed.
- The tribunal initially found unfair dismissal but later revoked that judgment.
- The respondent failed to follow the ACAS Code of Practice.
- The claimant's direct age discrimination claim was dismissed.
Timeline
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First case management hearing
Respondent applied to strike out claims; tribunal refused.
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Second case management hearing
Final hearing relisted; directions given.
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Final hearing day 1
Tribunal read witness statements and commenced evidence.
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Final hearing day 2
Evidence and submissions continued.
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Final hearing day 3
Tribunal deliberated and gave oral judgment.
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Written judgment sent
Tribunal issued written judgment finding unfair and wrongful dismissal.
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Respondent applied for reconsideration
Respondent sought reconsideration of unfair dismissal judgment.
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Reconsideration judgment
Tribunal revoked unfair dismissal judgment but confirmed wrongful dismissal.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed for asserting a statutory right under s.104(1)(b) of the Employment Rights Act 1996 by raising health and safety concerns, and whether the employer breached the contract by dismissing without notice.
The outcome
The tribunal initially ruled that the employee was unfairly dismissed for asserting a statutory right, but later revoked that judgment on reconsideration. The wrongful dismissal claim was confirmed.
- Compensatory award for unfair dismissal (initially): £1,962, plus 25% ACAS uplift of £423 (total £2,115), but this was revoked.
- Wrongful dismissal damages: £1,221 (confirmed).
- Total compensation: £3,336 (including the initial unfair dismissal award that was later revoked).
Note: The final award is only the wrongful dismissal damages of £1,221, as the unfair dismissal award was revoked.
Lessons & takeaways
- Raising health and safety concerns can be a protected act, but you must show the dismissal was solely because of that act to win an unfair dismissal claim under s.104.
- Employers who dismiss without notice risk a wrongful dismissal claim, even if the unfair dismissal claim fails.
- Failing to follow the ACAS Code of Practice can lead to a 25% uplift in compensation, but only if the underlying claim succeeds.
- Tribunal decisions can be reconsidered if new evidence or legal errors emerge, so be prepared for possible appeals.
A case of shifting outcomes
This case shows how employment tribunal claims can evolve. The former employee of Ian Henery Solicitors Ltd raised health and safety concerns about workplace arrangements. The employer dismissed them without notice. The tribunal initially found both unfair dismissal and wrongful dismissal, awarding a total of £3,336.
However, on reconsideration, the unfair dismissal judgment was revoked. The tribunal decided that the evidence did not show the dismissal was solely because of the health and safety concerns. The wrongful dismissal claim was upheld, meaning the employer breached the contract by failing to give notice.
What the employer could have done differently
The employer could have avoided the wrongful dismissal claim by giving proper notice or paying in lieu. The failure to follow the ACAS Code of Practice also led to a 25% uplift on the initial unfair dismissal award, though that award was later revoked. Employers should ensure they follow fair procedures and contractual notice terms.
Why this matters
This case highlights that even if an unfair dismissal claim fails, a wrongful dismissal claim can succeed if the employer dismisses without notice. Employees should be aware that raising health and safety concerns is a protected act, but the timing and context matter. The reconsideration process also shows that tribunal decisions are not always final—parties can apply for reconsideration if new evidence or errors emerge.
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