Former employee wins notice pay claim but loses whistleblowing case
A former employee who raised health and safety concerns was awarded £2,953.39 for breach of contract after being dismissed without notice, but the tribunal rejected his whistleblowing and unfair dismissal claims.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant made protected disclosures and raised health and safety concerns.
- The respondent terminated the claimant's employment without giving four weeks' notice.
- The claimant was not paid wages for the period 9 June 2020 to 11 August 2020.
- The respondent failed to make pension contributions for the period 9 June 2020 to 11 August 2020.
- The respondent did not provide a written statement of employment particulars.
Timeline
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Employment period start
The claimant's employment with the respondent began.
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Employment ended
The claimant's employment ended.
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Hearing day 1
First day of the employment tribunal hearing.
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Hearing day 2
Second day of the hearing.
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Hearing day 3
Third day of the hearing.
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Judgment given
The tribunal issued its judgment, finding a breach of contract for failure to give notice and ordering damages of £2953.39.
The legal issue
The tribunal had to decide whether the claimant was subjected to detrimental treatment or automatically unfairly dismissed for making protected disclosures or raising health and safety concerns, and whether there were breaches of contract and unlawful deductions from wages.
The outcome
The tribunal upheld the breach of contract claim for failure to give notice, awarding £2,953.39 by consent. However, all other claims—including detrimental treatment for protected disclosures, health and safety detriment, automatic unfair dismissal, unlawful deduction of wages, failure to pay pension contributions, and failure to provide a written statement of employment particulars—were dismissed.
- Breach of contract (notice pay): £2,953.39 awarded
- Other claims: Dismissed
Lessons & takeaways
- Even a short period of employment (just over two months) can give rise to a breach of contract claim if the employer fails to give the required notice.
- Raising health and safety concerns or making protected disclosures does not automatically mean a dismissal is unfair—the tribunal will examine the evidence closely.
- Claimants who represent themselves can succeed on clear-cut contractual claims but may struggle with more complex whistleblowing allegations without legal representation.
A short-lived role with lasting consequences
The former employee worked for Reel Appeal Limited for just over two months, from 9 June 2020 to 11 August 2020. During that time, they raised health and safety concerns and made protected disclosures. The employer then terminated their employment without giving the four weeks' notice required under the contract. The employee brought claims for breach of contract, unlawful deduction of wages, and automatic unfair dismissal for whistleblowing.
What the tribunal decided
The tribunal rejected the whistleblowing and health and safety detriment claims, finding that the evidence did not support them. Similarly, the claims for unpaid wages, pension contributions, and failure to provide a written statement were dismissed. However, the employer conceded that it had breached the contract by failing to give notice, and the tribunal ordered it to pay £2,953.39 in damages.
What this case shows
This case illustrates that even a very short period of employment can give rise to a successful breach of contract claim if the employer fails to follow the contractual notice period. However, it also shows that whistleblowing claims require strong evidence—simply raising concerns is not enough to win an automatic unfair dismissal case. For employees considering similar claims, it is important to gather clear evidence of the disclosures and any resulting detriment. Employers should ensure they comply with contractual notice obligations, even during probationary periods, to avoid liability for notice pay.
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