Claimant won £6,302 awarded Employment Tribunal · 22 June 2023

Whistleblower unfairly dismissed and subjected to detriment: compensation awarded

A former employee who made a protected disclosure was unfairly dismissed and suffered detriment. The tribunal awarded over £6,300, including £5,000 for injury to feelings.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was unfairly dismissed.
  • The respondent subjected the claimant to detriment because she made a protected disclosure.
  • The claimant received a redundancy payment of £6,347.20 from the respondent.
  • The basic award of £6,347.20 was reduced to nil due to the redundancy payment.
  • The compensatory award for unfair dismissal was £601.76.
  • The award for detriment due to protected disclosure was £5,700, including £5,000 for injury to feelings and £700 for legal advice costs.

Timeline

  1. Claim presented

    The claimant presented her claim to the Employment Tribunal (year inferred from case number).

  2. Tribunal order

    The Tribunal made an order requiring the respondent to take certain steps.

  3. Strike out warning

    The Tribunal gave the respondent an opportunity to show why the response should not be struck out for non-compliance and lack of active pursuit.

  4. Response struck out

    Employment Judge Anstis struck out the respondent's response due to failure to comply with the order and lack of pursuit.

  5. Final hearing

    The Tribunal heard the case and issued judgment finding unfair dismissal and detriment due to protected disclosure.

The outcome

The tribunal ruled that the former employee was unfairly dismissed and had been subjected to detriment for making a protected disclosure. The respondent's response was struck out due to failure to comply with tribunal orders and lack of active pursuit, meaning the claims were effectively uncontested.

The compensation awarded was £6,301.76, broken down as follows:

  • Basic award for unfair dismissal: £6,347.20 (reduced to nil because the claimant received a redundancy payment of the same amount)
  • Compensatory award for unfair dismissal: £601.76
  • Compensation for detriment due to protected disclosure: £5,700 (including £5,000 for injury to feelings and £700 for legal advice costs)

Lessons & takeaways

  • If you make a protected disclosure at work, you are protected from dismissal and detriment – tribunals can award compensation for injury to feelings.
  • Employers who fail to engage with tribunal proceedings risk having their response struck out, making it much easier for the claimant to win.
  • A redundancy payment can offset the basic award for unfair dismissal, but it does not affect compensation for detriment or injury to feelings.
  • Seeking legal advice after suffering detriment can be claimed as a financial loss if it was a direct result of the employer's actions.

Whistleblower wins compensation after employer fails to defend claim

This case highlights the protections available to employees who raise genuine concerns in the public interest. The former employee made a protected disclosure – a legal term for whistleblowing – and was then dismissed and subjected to detriment. The employer, Riddwood Consulting Engineers Ltd, was in voluntary liquidation and did not actively defend the claim, leading to its response being struck out.

What the tribunal decided

The tribunal found that the dismissal was unfair and that the detriment – which included the need to obtain legal advice – was directly linked to the protected disclosure. The compensation included £5,000 for injury to feelings, reflecting the emotional impact of the treatment. The basic award for unfair dismissal was offset by a redundancy payment already received, but the compensatory award and the detriment award were additional.

Key takeaways for employees

This case shows that whistleblowers can claim not only for financial losses but also for the distress caused. It also demonstrates the importance of employers engaging with tribunal proceedings – failing to do so can lead to a default judgment. For employees, keeping records of any disclosures and the treatment that follows is crucial. The ability to claim for legal advice costs is also a useful reminder that the financial impact of fighting for your rights can be recovered.

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