Managing director dismissed by email: £25,000 for wrongful dismissal but protected disclosure claim fails
A managing director with a six-month notice period was dismissed by email after raising concerns about unpaid expenses and pension contributions. The tribunal awarded £25,000 for wrongful dismissal but rejected his protected disclosure claim.
1 min read · Last updated 19 May 2026
Key facts
- The claimant was employed as Managing Director from 15 April 2019 with a six-month notice period.
- On 24 April 2020, the claimant emailed the second respondent about unpaid expenses, pension contributions, and annual leave.
- The second respondent replied at 2:28pm stating the claimant no longer worked for the company.
- The tribunal found the email was not a resignation but a dismissal by the second respondent.
- The claimant's protected disclosure claims were dismissed as the disclosure was not in the public interest.
- The claimant was awarded £25,000 for wrongful dismissal.
Timeline
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Employment started
Claimant began employment as Managing Director of Inglis Jane Limited.
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Lump sum pension payment
First respondent paid claimant £6,866.24 for employee pension contributions deducted up to February 2020.
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Claimant queries future pension payments
Claimant asked how future pension deductions would be paid into his private scheme.
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Second respondent takes over
Mr C Everett took ownership of the first respondent.
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Claimant emails concerns
Claimant emailed second respondent about financial health and monies owed.
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Forwarded colleague's concerns
Claimant forwarded an email from Mr Hutton expressing concerns about future payments.
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Claimant requests meeting
Claimant emailed second respondent requesting a conference call to discuss financial concerns.
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Claimant sends key email
Claimant emailed second respondent about unpaid expenses, pension, and annual leave, threatening legal action.
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Second respondent dismisses claimant
Second respondent emailed stating claimant no longer worked for the company.
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Second respondent confirms dismissal
Second respondent said 'it's over' and asked claimant to stop contacting him.
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All monies paid
First respondent paid all monies claimed in the 24 April 2020 email.
The legal issue
The tribunal had to decide whether the claimant's email about unpaid expenses, pension contributions, and annual leave amounted to a protected disclosure in the public interest, and whether he was dismissed or resigned. It also had to determine if he was wrongfully dismissed without notice.
The outcome
The tribunal decided that the claimant was wrongfully dismissed and awarded £25,000 for breach of contract (notice pay). However, his claim for unfair dismissal based on a protected disclosure was dismissed because the disclosure was not in the public interest.
The key reasons were:
- The email on 24 April 2020 was not a resignation; the second respondent's reply made clear the claimant was dismissed.
- The disclosure about unpaid expenses, pension, and leave was a personal grievance, not a matter of public interest.
- The claimant had a six-month notice period and was entitled to pay in lieu of notice.
Compensation breakdown:
- £25,000 for wrongful dismissal (notice pay).
Lessons & takeaways
- A disclosure about your own contractual rights, such as unpaid wages or expenses, is unlikely to be a protected disclosure unless it also raises a wider public interest.
- If you have a contractual notice period, you may be entitled to pay in lieu of notice if you are dismissed without proper notice, even if your unfair dismissal claim fails.
- Keep a clear record of communications: an email that appears to be a resignation can be interpreted as a dismissal depending on the response from the employer.
- Seek legal advice early: the claimant's late attempt to amend his claim to include further disclosures was refused, limiting his case.
A dismissal by email with no notice
This case shows how quickly a working relationship can break down when financial pressures mount. The managing director had been in post for just over a year when he emailed the new owner about unpaid expenses, pension contributions and annual leave. Within 90 minutes he received a reply telling him he no longer worked for the company. The tribunal found this was a dismissal, not a resignation, and that the director was entitled to his six-month contractual notice period.
Why the protected disclosure claim failed
The director argued that his email was a protected disclosure because it raised concerns about a breach of legal obligations. However, the tribunal concluded that the disclosure was not in the public interest. The email was about his own unpaid expenses and pension contributions — a personal grievance rather than a matter affecting others. This is a common stumbling block for whistleblowing claims: the disclosure must go beyond the individual's own contractual rights.
What the employer could have done differently
The employer's response was swift and final — no investigation, no discussion, no notice. A proper process would have involved at least acknowledging the concerns, arranging a meeting, and following a fair procedure before ending the employment. Even if the employer believed the director had resigned, a careful reading of the email and a follow-up conversation would have avoided the wrongful dismissal claim.
What this means for similar claims
The £25,000 award for wrongful dismissal is a reminder that contractual notice periods matter. Even where an unfair dismissal claim fails, an employee may still be entitled to notice pay if they are dismissed without proper notice. For anyone considering a whistleblowing claim, the key lesson is that the disclosure must have a public interest element — raising concerns about your own pay and conditions is unlikely to qualify.
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