Whistleblowing and sexual harassment claims succeed despite constructive dismissal failure
A former employee won £24,250 after the tribunal found she was victimised and sexually harassed following protected disclosures about hygiene issues, though her constructive unfair dismissal claim failed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant made two qualifying protected disclosures about the managing director starting a motorbike in the warehouse and transporting food in a car with a dog.
- The claimant was subjected to detriments including being accused of stealing, not receiving a promised pay rise, and having her job interviewed for.
- The claimant's constructive unfair dismissal claim failed because she had affirmed the contract.
- The claimant's harassment on grounds of sex claim failed for lack of jurisdiction.
- The claimant's whistleblowing and victimisation claims succeeded against the first respondent.
- The claimant's sexual harassment claim succeeded against both respondents.
Timeline
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Allegation of theft
The claimant was informed that the managing director had been telling staff she was stealing.
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Told to furlough
The claimant was told to furlough herself because interviews were being held for new admin staff.
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Accused of stealing again
The managing director accused the claimant of stealing; the attendance file was later found in his desk.
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Case management hearing
A telephone case management hearing discussed jurisdiction and amendment applications.
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Preliminary hearing
Employment Judge Burge granted amendments to include whistleblowing and unfair dismissal claims.
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Final hearing start
The final hearing began before Employment Judge McLaren and members.
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Judgment given
The tribunal issued its judgment and ordered compensation of £24,250.
The legal issue
The tribunal had to decide whether the employee made protected disclosures about hygiene concerns, whether she suffered detriments as a result, and whether she was sexually harassed and victimised. It also considered whether she was constructively dismissed or had affirmed the contract.
The outcome
The tribunal found in favour of the employee on several key claims:
- Whistleblowing detriments – the employee made protected disclosures about the managing director starting a motorbike in the warehouse and transporting food in a car with a dog. She was then accused of stealing, denied a promised pay rise, and had her job interviewed for.
- Victimisation – after raising grievances, she was subjected to further detrimental treatment.
- Sexual harassment – the tribunal upheld her claim of sexual harassment against both respondents.
However, her constructive unfair dismissal claim failed because she had affirmed the contract by continuing to work and accepting sick pay before resigning.
Compensation of £24,250 was awarded, though no breakdown of basic or compensatory awards was provided.
Lessons & takeaways
- If you believe you have been constructively dismissed, you must resign promptly in response to the breach – continuing to work or accepting benefits may be seen as affirming the contract.
- Protected disclosures about health and safety or environmental issues can give strong whistleblowing rights, even if the employer disputes the seriousness of the concerns.
- Victimisation claims can succeed even if the underlying discrimination claim fails, as long as the employee suffered a detriment because of a protected act.
- Sexual harassment claims do not require a pattern of behaviour – a single incident can be enough if it creates an intimidating or degrading environment.
What this case shows in practice
This case illustrates how an employee can win significant compensation for whistleblowing and harassment even when a key claim – constructive unfair dismissal – fails. The employee raised legitimate hygiene concerns about food safety, only to face a campaign of mistreatment including false accusations of theft and the humiliation of seeing her job advertised while she was still employed.
The tribunal found that the employer's response to the disclosures was retaliatory. The managing director accused the employee of stealing an attendance file that later turned up in his own desk – a clear example of victimisation. The sexual harassment claim also succeeded, showing that tribunals will take such behaviour seriously even when the employee is no longer in the workplace.
What the employer could have done differently
Garden County Vending Ltd could have avoided liability by taking the employee's concerns seriously and investigating them properly. Instead, it reacted defensively and allowed a culture of retaliation to develop. The false theft allegations and the decision to interview for the employee's role while she was off sick were particularly damaging. A fair and transparent process, coupled with respect for whistleblowers, would have prevented this outcome.
Why this result matters
For employees, this case is a reminder that whistleblowing claims can succeed even if the constructive dismissal claim fails. The key is to act promptly and not affirm the contract by continuing to work. For employers, it underscores the importance of treating whistleblowers fairly and avoiding any suggestion of retaliation. The compensation of £24,250 reflects the seriousness of the detriments suffered, even without a finding of unfair dismissal.
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