Personal assistant dismissed for raising safety concerns wins automatic unfair dismissal claim
A personal assistant who was automatically unfairly dismissed after taking steps to protect herself from danger she reasonably believed to be serious and imminent has been awarded £7,394.82 by an employment tribunal.
1 min read · Last updated 18 May 2026
Case details
- #automatic-unfair-dismissal
- #danger-to-self
- #personal-assistant
- #holiday-pay
- #redundancy-payment-withdrawn
Key facts
- Claimant was employed as a Personal Assistant from 1 April 2009 to 26 July 2020.
- Claimant was automatically unfairly dismissed because she took steps to protect herself from danger she reasonably believed to be serious and imminent.
- Respondent failed to pay holiday pay due on termination, but later paid £135 and no further holiday pay was owed.
- Claimant's claim for statutory redundancy payment was dismissed on withdrawal as no redundancy situation existed.
- Claimant mitigated her loss by seeking work, but was hampered by Covid-19 lockdowns and lack of car.
- Claimant secured new employment from 4 October 2021.
Timeline
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Employment started
Claimant began working as a Personal Assistant for the respondent's son.
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Dismissal
Claimant was dismissed by the respondent. The reason was that she took steps to protect herself from danger she reasonably believed to be serious and imminent.
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ACAS Early Conciliation started
Claimant referred the matter to ACAS for early conciliation.
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ACAS Certificate issued
Certificate of Early Conciliation issued.
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ET1 claim issued
Claimant presented her claim to the Employment Tribunal.
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Liability judgment
Employment Judge Ryan found that the claimant was automatically unfairly dismissed and that the respondent failed to pay holiday pay. Remedy was deferred.
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Adjourned remedy hearing
The remedy hearing was adjourned due to absence of evidence and need for a fair hearing. Directions were given.
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Remedy hearing
Employment Judge Evans heard the remedy hearing by video. Claimant withdrew redundancy and holiday pay claims. Award of £7,394.82 made.
The legal issue
The tribunal had to determine the amount of compensation for automatic unfair dismissal, including a basic award and compensatory award for loss of earnings, and whether any injury to feelings award was permissible.
The outcome
The tribunal upheld the claim for automatic unfair dismissal and awarded a total of £7,394.82 in compensation.
- Basic award: £1,525.94
- Compensatory award: £5,868.88 (including loss of earnings and loss of statutory rights)
The claimant's claim for a statutory redundancy payment was dismissed on withdrawal, and no further holiday pay was awarded as the respondent had already paid £135.
Lessons & takeaways
- Employees who take steps to protect themselves from danger they reasonably believe to be serious and imminent are protected from automatic unfair dismissal.
- Employers should not dismiss or penalise employees for raising genuine safety concerns, as this can lead to a finding of automatic unfair dismissal.
- Claimants should keep records of mitigation efforts, such as job applications, as this can affect the compensatory award.
- Even if a claim for redundancy payment is withdrawn, the main unfair dismissal claim can still succeed if the facts support it.
A case about safety and fairness
This case highlights the protection afforded to employees who take steps to protect themselves from danger they reasonably believe to be serious and imminent. The personal assistant, who had worked for the respondent for 11 years, was dismissed after raising safety concerns. The tribunal found that the dismissal was automatically unfair because the principal reason was her actions to protect herself from danger.
What the employer could have done differently
The respondent, Gaynor Hartford, could have avoided liability by taking the claimant's safety concerns seriously and addressing them rather than dismissing her. Employers should be aware that dismissing an employee for raising genuine safety concerns is likely to be automatically unfair, regardless of the employee's length of service or other factors.
Why this matters
This case serves as a reminder that employees have statutory protection when they act to protect themselves from danger. The award of £7,394.82 reflects the claimant's loss of earnings over 52 weeks, mitigated by her efforts to find new work. The tribunal noted that the claimant's job search was hampered by Covid-19 lockdowns and lack of a car, but she secured new employment in October 2021. The case also shows that even unrepresented parties can succeed in tribunal claims if they present their case clearly.
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