Whistleblower dismissed after raising concerns: unpaid wages and automatic unfair dismissal
A former employee was automatically unfairly dismissed for making protected disclosures and awarded £4,466.92 in compensation, including an ACAS uplift for the employer's failure to follow procedure.
1 min read · Last updated 18 May 2026
Key facts
- The claimant made four protected disclosures under s43B Employment Rights Act 1996.
- The claimant was automatically unfairly dismissed under s103A Employment Rights Act 1996.
- The respondent failed to pay wages for work between 23 March 2020 and 17 July 2020.
- The claimant was dismissed in breach of contract.
- The total compensation awarded was £4,466.92, including an ACAS uplift of 22.5%.
Timeline
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Start of unpaid work period
The claimant worked without pay from this date until 17 July 2020.
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End of unpaid work period
The last date of the period for which wages were not paid.
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Liability hearing day 1
The employment tribunal heard evidence and submissions on liability.
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Liability hearing day 2
Continuation of the liability hearing.
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Liability hearing day 3
Final day of the liability hearing; judgment reserved.
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Liability judgment issued
The tribunal found the claimant was automatically unfairly dismissed and awarded remedies to be quantified later.
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Remedy hearing
The tribunal determined the amount of compensation and ordered payment of £4,466.92.
The legal issue
The tribunal had to decide whether the employee's disclosures qualified as protected disclosures under s43B Employment Rights Act 1996, and whether she was automatically unfairly dismissed for making them, as well as whether she was owed unpaid wages and breach of contract damages.
The outcome
The tribunal ruled in favour of the former employee, finding that she had made four protected disclosures and was automatically unfairly dismissed as a result. The employer also failed to pay wages for work done between 23 March 2020 and 17 July 2020, and dismissed her in breach of contract.
Compensation awarded:
- Outstanding wages: £1,174.29
- 2 days arrears of pay: £161.54
- Accrued and unpaid annual leave: £1,264.48
- Pension payment/loss of pension rights: £400.00
- Loss of earnings: £646.16
- ACAS uplift of 22.5%: £820.45
- Total: £4,466.92
Lessons & takeaways
- If you believe you have been dismissed for whistleblowing, you may have a claim for automatic unfair dismissal regardless of your length of service.
- Keep records of any disclosures you make and the employer's response, as these will be crucial evidence.
- Employers who fail to follow ACAS procedures risk an uplift of up to 25% on any compensation awarded.
- Unpaid wages and holiday pay can be claimed alongside an unfair dismissal claim, even if the employment relationship has broken down.
Whistleblowing protections in practice
This case shows how employment tribunals protect workers who raise genuine concerns in the public interest. The former employee made four disclosures about her employer's practices, which the tribunal accepted as protected disclosures under the Employment Rights Act 1996. The employer then dismissed her, triggering an automatic unfair dismissal claim.
The tribunal found that the dismissal was directly linked to the disclosures, meaning the employee did not need the usual two years' service to bring a claim. This is a key feature of whistleblowing law: employees who are dismissed for making protected disclosures can claim from day one of employment.
What the employer could have done differently
Anthony Katrina Associates Ltd t/a AKA Communications failed to pay wages for nearly four months and did not follow proper procedures when dismissing the employee. The ACAS uplift of 22.5% was applied because the employer unreasonably failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures. Had the employer engaged with the process, paid wages on time, and dealt with the disclosures properly, the claim might have been avoided or the compensation reduced.
Why this result matters
The total award of £4,466.92 may seem modest, but it covers several heads of loss including unpaid wages, holiday pay, pension contributions, and loss of earnings. The case reinforces that whistleblowing claims can succeed even when the employee is not the strongest performer or when the employer disputes the nature of the disclosures. It also highlights that tribunals will scrutinise employers who ignore basic wage obligations and procedural fairness.
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