Dismissed the day after whistleblowing email: a swift and unfair retaliation
A former employee was dismissed less than 24 hours after sending a protected disclosure email. The tribunal found the dismissal was automatically unfair and awarded £13,426 including £8,000 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant made a protected disclosure by email on 4 January 2021.
- The claimant was dismissed on 5 January 2021, before 13:53.
- The principal reason for dismissal was the protected disclosure.
- The claimant was subjected to detriments because of the disclosure.
- The claimant was also subjected to harassment related to sex.
- The respondent failed to comply with the ACAS Code in relation to the claimant's grievance.
Timeline
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Protected disclosure email
The claimant sent an email at 4.37pm which was found to be a protected disclosure.
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Dismissal
The claimant was dismissed by the employer before 13:53 on 5 January 2021.
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Grievance email
The claimant sent a grievance email at 4.37pm on 5 January 2021.
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Liability hearing day 1
The employment tribunal hearing began at Watford.
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Liability hearing day 4
The liability hearing concluded.
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Judgment issued
The tribunal issued both liability and remedy judgments.
The legal issue
The tribunal had to decide whether the claimant was dismissed because she made a protected disclosure (whistleblowing), and whether she also suffered detriment and harassment related to sex.
The outcome
The tribunal upheld the claimant's complaints of automatic unfair dismissal, detriment for whistleblowing, and sex-related harassment. It found that the employer dismissed her within hours of her protected disclosure email, and that the real reason was the disclosure itself.
Compensation:
- Basic award: £0
- Compensatory award: £3,053.05
- Injury to feelings: £8,000
- Breach of contract: £174.46
- ACAS uplift (10%): £1,122.75
- Section 38 award (2 weeks' pay): £1,076
- Total: £13,426.26
Lessons & takeaways
- Whistleblowing protection applies from the moment a protected disclosure is made — dismissing someone soon after can be strong evidence of automatic unfair dismissal.
- Employers should not treat a whistleblowing email as a trigger for dismissal; they must investigate and follow a fair process.
- Failure to comply with the ACAS Code on grievance handling can lead to a 10% uplift on compensation.
- Injury to feelings awards can be substantial in whistleblowing cases, especially where the dismissal is retaliatory.
A swift dismissal after a whistleblowing email
This case shows how quickly a protected disclosure can lead to retaliation — and how tribunals will scrutinise the timing. The former employee sent an email on 4 January 2021 that the tribunal found was a protected disclosure. The very next day, before 1:53pm, she was dismissed. The employer argued the dismissal was for other reasons, but the tribunal concluded the principal reason was the disclosure itself.
What the employer could have done differently
Simon Cooper and Co Ltd could have avoided liability by pausing and investigating the concerns raised in the email. Instead, they acted precipitously. They also failed to deal properly with the claimant's subsequent grievance, leading to a 10% uplift on compensation for breaching the ACAS Code. The tribunal also found that the claimant was subjected to sex-related harassment, adding to the award for injury to feelings.
Why this matters for similar claims
For employees, this case reinforces that whistleblowing protection is immediate — you do not need to have worked for a minimum period to bring a claim. For employers, it is a stark reminder that dismissing someone shortly after they raise a concern will almost certainly be seen as retaliatory, unless there is a clear, independent reason supported by evidence. The total award of over £13,000, including £8,000 for injury to feelings, reflects the seriousness of the treatment.
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