Care worker dismissed for whistleblowing wins £15,601 after employer fails to defend claim
A care worker who complained about staffing levels and faulty equipment was automatically unfairly dismissed. The employer did not respond to the claim, leading to a default judgment and £15,601 in compensation.
1 min read · Last updated 18 May 2026
Case details
- #whistleblowing
- #staffing-levels
- #health-monitoring-equipment
- #default-judgment
- #injury-to-feelings
Key facts
- The claimant was employed from 4 November 2019 to 14 June 2021.
- She complained about staffing level breaches and health monitoring equipment not working.
- The respondent did not enter a response to the claim.
- The tribunal found the dismissal was automatically unfair under s103A ERA 1996.
- The claimant suffered a health incident in February 2022 and could not work thereafter.
Timeline
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Employment started
Claimant began working for Cornwallis Care Services Ltd.
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Suspension
Claimant was suspended from work.
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Dismissal
Claimant was dismissed from employment.
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Claim submitted
Claimant submitted her claim to the employment tribunal.
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Claim served on respondent
The claim was served on the respondent's registered office.
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Response deadline
Deadline for respondent to enter a response; no response was lodged.
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Notice of remedy hearing
Parties notified that the hearing would be converted to a remedy hearing.
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Remedy hearing
Hearing held; claimant attended, respondent did not.
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Judgment issued
Judgment entered for claimant with total award of £15,601.
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Reconsideration application
Respondent applied for reconsideration of the judgment.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed for making protected disclosures about staffing levels and health monitoring equipment, and if so, what remedy should be awarded.
The outcome
The tribunal entered judgment for the claimant by default as the employer did not respond to the claim. It found the dismissal was automatically unfair under section 103A of the Employment Rights Act 1996 because the reason (or principal reason) for dismissal was that the claimant had made protected disclosures.
The compensation awarded totalled £15,601, comprising:
- Loss of earnings: £5,101
- Loss of statutory rights: £500
- Injury to feelings: £10,000
Lessons & takeaways
- Whistleblowing claims do not require two years' service, so even short-serving employees can bring a claim if they are dismissed for making a protected disclosure.
- If an employer fails to respond to a tribunal claim, the tribunal can enter judgment by default, making it much harder to contest liability later.
- Injury to feelings awards in whistleblowing cases can be significant – here £10,000 was awarded at the lower end of the middle Vento band.
- Keep records of any complaints about wrongdoing at work, as these can form the basis of a protected disclosure claim.
A care worker who spoke out
A care worker employed by Cornwallis Care Services Ltd raised concerns about staffing level breaches and health monitoring equipment that was not working. After being suspended and then dismissed, she brought a claim for automatic unfair dismissal on the grounds of whistleblowing. Because she had less than two years' service, she could not bring an ordinary unfair dismissal claim, but whistleblowing claims have no service requirement.
The employer did not enter a response to the claim, and did not attend the remedy hearing. The tribunal therefore entered judgment by default, finding that the dismissal was automatically unfair because the reason for it was the claimant's protected disclosures.
What the employer could have done differently
Had the employer engaged with the process, it could have argued that the dismissal was for a different reason, or that the disclosures were not protected. By failing to respond, it lost the chance to contest liability. The tribunal noted that the employer later applied for reconsideration, claiming it had not received notification, but the application was dismissed as the judgment had been sent to its registered office.
Why this case matters
This case is a reminder that whistleblowing protections are strong – even short-serving employees can bring claims, and employers who ignore tribunal proceedings do so at their peril. The award of £10,000 for injury to feelings reflects the distress caused by being dismissed for speaking out. For anyone considering a similar claim, it shows that tribunals will take failures to respond seriously, and that compensation can include not just lost earnings but also compensation for the emotional impact.
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