Fixed-term manager's whistleblowing claim fails: contract expiry not a dismissal
A service charge manager on a fixed-term contract claimed he was dismissed for raising concerns about service charge delays. The tribunal found his protected disclosure was not the reason his contract was not renewed.
1 min read · Last updated 18 May 2026
Case details
- #protected-disclosure
- #fixed-term-contract
- #service-charge-dispute
- #leasehold-property-managers
- #covid-19-impact
- #grievance-not-investigated
Key facts
- The claimant was employed on a fixed-term contract as Service Charge Manager from 9 December 2019 to 6 January 2021.
- The claimant raised concerns about delays by Leasehold Property Managers in reviewing service charges, which he believed breached the Landlord and Tenant Act 1985.
- The claimant was suspended on 7 September 2020 and later allocated to other duties after raising a grievance containing a protected disclosure.
- The disciplinary investigation found no misconduct, and the claimant was not issued a warning.
- The claimant's fixed-term contract was not renewed because the substantive post holder returned and the working relationship had broken down.
- The tribunal found that only the grievance of 8 September 2020 was a protected disclosure, but it did not cause the claimant's dismissal or detriments.
Timeline
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Role advertised
The Service Charge Manager role was advertised as a fixed-term contract of 2 years.
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Employment started
The claimant commenced employment, with a contract end date of 6 January 2021 (incorrectly stated as 6 December 2021 in the offer letter).
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First alleged protected disclosure
In a one-to-one meeting, the claimant raised delays caused by Leasehold Property Managers. The tribunal found this was not a protected disclosure.
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Second alleged protected disclosure
The claimant allegedly stated he contemplated raising formal disclosures about property managers. The tribunal found he did not say this.
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Removed from role
The claimant was removed from the Service Charge Manager role and allocated to other duties.
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Suspension
The claimant was suspended on full pay pending investigation into alleged gross misconduct.
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Grievance and protected disclosure
The claimant submitted a grievance alleging inaccurate service charges and discrimination. The tribunal accepted this as a protected disclosure.
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Suspension lifted
The suspension was lifted, and the claimant was allocated to a different project.
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Disciplinary outcome
The disciplinary hearing concluded with no formal warning; all allegations were rejected.
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Non-renewal of contract
Mrs Slade informed the claimant that his fixed-term contract would not be renewed due to the return of the substantive post holder.
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Employment ended
The claimant's fixed-term contract expired, and his employment terminated.
The legal issue
The tribunal had to decide whether the claimant's non-renewal of a fixed-term contract amounted to an unfair dismissal because of a protected disclosure (whistleblowing), and whether he suffered detriments or discrimination because of that disclosure.
The outcome
The tribunal dismissed all claims. It found that only one of the claimant's alleged disclosures qualified as a protected disclosure – a grievance submitted on 8 September 2020. However, the decision not to renew his fixed-term contract was due to the return of the substantive post holder and a breakdown in the working relationship, not because of the disclosure. The claimant's suspension and allocation to other duties were also not caused by the disclosure. No compensation was awarded.
Lessons & takeaways
- A fixed-term contract ending naturally is not automatically an unfair dismissal – the employer must show the non-renewal was for a fair reason.
- Making a protected disclosure does not give blanket protection from dismissal if the employer can prove a separate, fair reason for the decision.
- The timing of a protected disclosure close to a dismissal does not, on its own, prove causation – the tribunal will look at the real reason for the decision.
- Employers should document the genuine business reasons for non-renewal of fixed-term contracts to defend against whistleblowing claims.
When a fixed-term contract ends: was it whistleblowing or just business?
This case highlights the difficulty of proving a whistleblowing dismissal when a fixed-term contract expires. The claimant, a Service Charge Manager on a two-year fixed-term contract, raised concerns about delays in reviewing service charges, which he believed breached the Landlord and Tenant Act 1985. He was later suspended, investigated, and ultimately his contract was not renewed when the substantive post holder returned.
The tribunal accepted that one of his grievances amounted to a protected disclosure. However, the key question was whether that disclosure caused his dismissal or the detriments he suffered. The tribunal found that the decision not to renew was driven by the return of the permanent employee and a breakdown in the working relationship – not the disclosure. The suspension and investigation were also handled fairly, with no evidence of a link to the disclosure.
What the employer did right
A2Dominion Housing Group Ltd had a clear business reason for ending the contract: the substantive post holder was returning. They also conducted a proper disciplinary process that found no misconduct. The tribunal noted that the claimant was not issued a warning and was allocated other duties after suspension. This careful documentation helped the employer show that the non-renewal was not a response to the disclosure.
What this means for similar claims
For employees on fixed-term contracts, the expiry of the contract is a potentially fair reason for dismissal if the employer can show a genuine business need. Even where a protected disclosure has been made, the employee must prove that the disclosure was the reason for the dismissal – not just that it happened around the same time. This case is a reminder that timing alone is not enough; the tribunal will examine the employer's true motivation.
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