Automatic unfair dismissal for raising health and safety concerns: ACAS uplift for employer no-show
A former employee was automatically unfairly dismissed after raising health and safety concerns. The tribunal awarded £7,947 including a 25% ACAS uplift after the employer failed to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was automatically unfairly dismissed under section 57A of the Employment Rights Act 1996.
- The respondent failed to pay the claimant notice pay.
- The respondent failed to provide a written statement of terms and conditions.
- The claimant was awarded £7,947.47 including an ACAS uplift of 25%.
- The respondent did not attend the hearing.
Timeline
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Dismissal date
The claimant was dismissed by the respondent on this date.
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Tribunal hearing
The employment tribunal heard the case at Liverpool (CVP) with Employment Judge Shotter presiding. The respondent did not attend.
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Judgment issued
The tribunal issued its judgment finding the claimant automatically unfairly dismissed and awarding damages.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed under section 57A of the Employment Rights Act 1996, and whether the employer failed to pay notice pay and provide a written statement of terms.
The outcome
The tribunal found that the claimant was automatically unfairly dismissed under section 57A of the Employment Rights Act 1996, as the reason for dismissal was raising health and safety concerns. The respondent also failed to pay notice pay (wrongful dismissal) and did not provide a written statement of terms.
Compensation:
- Loss of earnings: £6,357.89 net
- ACAS uplift (25%): £1,589.49
- Wrongful dismissal (notice pay): £276.43 net
- Failure to provide written statement (4 weeks' pay): £1,890.00 gross
- Total: £7,947.47
Lessons & takeaways
- Dismissing an employee for raising health and safety concerns is automatically unfair, regardless of length of service.
- Employers who fail to attend tribunal hearings risk an ACAS uplift of up to 25% on compensation.
- Employees must receive a written statement of terms within two months of starting work; failure to provide one can result in additional compensation.
This case highlights the serious consequences for employers who dismiss staff for raising health and safety concerns. The former employee, who represented herself, brought a claim for automatic unfair dismissal under section 57A of the Employment Rights Act 1996. The tribunal found that the dismissal was directly linked to the employee raising health and safety issues, making it automatically unfair.
What the employer did wrong
The respondent, Local Plumbers We Care Limited, did not attend the hearing or provide any representation. This lack of engagement led to an ACAS uplift of 25% on the compensatory award, as the tribunal found the employer had unreasonably failed to comply with ACAS's early conciliation process. Additionally, the employer failed to pay notice pay and did not provide a written statement of terms, both of which are basic legal obligations.
Why the result matters
This case serves as a reminder that employees who raise genuine health and safety concerns are protected from dismissal, regardless of their length of service. The automatic unfair dismissal provisions mean there is no need for a qualifying period. The ACAS uplift also shows that employers who ignore tribunal proceedings can expect higher compensation awards. For employees, this case demonstrates that even without legal representation, it is possible to succeed if the employer fails to engage.
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