Constructive dismissal claim succeeds but protected disclosure fails
A former employee won over £29,000 for constructive unfair dismissal and wrongful dismissal, but her claims of detriment and automatic unfair dismissal for protected disclosure were dismissed.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #ordinary-unfair-dismissal
- #wrongful-dismissal
- #protected-disclosure
- #section-38-uplift
- #acas-code-uplift
Key facts
- The claimant was constructively dismissed by the respondent.
- The claimant did not make any qualifying protected disclosure.
- The respondent failed to provide written particulars of employment.
- The respondent did not appear at the hearings.
- The claimant succeeded in claims of ordinary unfair dismissal and wrongful dismissal.
Timeline
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Liability judgment on ordinary unfair dismissal and wrongful dismissal
Employment Judge Sweeney found the claims of ordinary unfair dismissal and wrongful dismissal well-founded. Remedy and other claims adjourned.
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Final hearing on remedy and remaining claims
The tribunal dismissed the claims of detriment and automatically unfair dismissal for protected disclosure. It awarded compensation for ordinary unfair dismissal and wrongful dismissal.
The legal issue
The tribunal had to decide whether the employee was constructively dismissed and, if so, whether the dismissal was unfair. It also had to determine whether the employee had made a protected disclosure entitling her to additional remedies.
The outcome
The tribunal upheld the claims of ordinary unfair dismissal and wrongful dismissal, awarding a total of £29,257.42.
- Basic award: £11,991
- Compensatory award: £14,383.46
- ACAS Code uplift (10%): £1,438.34
- Section 38 award (failure to provide written particulars): £1,444.62
The claims of detriment and automatically unfair dismissal for protected disclosure were dismissed because the employee did not make a qualifying disclosure.
Lessons & takeaways
- Constructive dismissal claims require the employee to show that the employer's conduct was a fundamental breach of contract that left no choice but to resign.
- Protected disclosure claims have strict legal requirements; not every complaint about work matters qualifies as a protected disclosure.
- Employers who fail to provide written particulars of employment may face additional compensation under section 38 of the Employment Act 2002.
- The ACAS Code of Practice on disciplinary and grievance procedures can lead to an uplift of up to 25% if the employer unreasonably fails to follow it.
What this case shows in practice
This case demonstrates the importance of understanding the legal boundaries of constructive dismissal and protected disclosure claims. The employee resigned and claimed she was constructively dismissed because of a fundamental breach of contract by her employer, Baber Khan. The tribunal agreed that she had been constructively dismissed unfairly and wrongfully, but rejected her allegations that she had made a protected disclosure. This meant she did not qualify for the additional protections available to whistleblowers.
What the losing side could have done differently
The employer, Baber Khan, did not attend the hearings and failed to provide written particulars of employment. Had the employer engaged with the process, it might have been able to defend the constructive dismissal claim or reduce the compensation. The absence meant the tribunal accepted the employee's evidence without challenge. The failure to provide written particulars also led to an additional award of £1,444.62.
Why the result matters for similar claims
For employees considering a constructive dismissal claim, this case highlights that the resignation must be in response to a serious breach of contract. It also shows that protected disclosure claims are not automatic; the employee must show that they made a qualifying disclosure in the public interest. The additional awards for failure to provide written particulars and for the ACAS Code uplift (10%) demonstrate that employers who ignore their obligations can face increased compensation.
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