Whistleblower dismissed after raising concerns: automatically unfair dismissal and unpaid wages
A former employee was automatically unfairly dismissed after making a public interest disclosure. The tribunal also found she was owed unpaid salary, holiday pay, and expenses, awarding a total of £4,619.01.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant made a public interest disclosure to her employer.
- The claimant was dismissed by the respondent.
- The respondent failed to pay the claimant's full salary from September to December 2019.
- The respondent did not pay the claimant for accrued but untaken holiday leave on termination.
- The respondent agreed to pay £1,000 for mileage and £244 for damage to the claimant's wing mirror but failed to do so.
Timeline
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Start of underpayment period
The respondent began underpaying the claimant's salary, continuing until December 2019.
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Claimant made public interest disclosure
The claimant made a protected disclosure to the respondent.
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Claimant dismissed
The respondent dismissed the claimant, which the tribunal found to be automatically unfair due to the protected disclosure.
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Liability hearing day 1
The tribunal heard evidence and submissions on liability.
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Liability hearing day 2
Continued hearing on liability.
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Liability hearing day 3
Final day of liability hearing.
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Liability judgment
The tribunal issued its liability judgment, finding in part for the claimant.
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Remedy hearing
The tribunal held a remedy hearing and awarded compensation.
The legal issue
The tribunal had to decide whether the employee was automatically unfairly dismissed for making a public interest disclosure, and whether she suffered unlawful deductions from wages, unpaid holiday pay, and breach of contract.
The outcome
The tribunal upheld the claim of automatically unfair dismissal under section 103A of the Employment Rights Act 1996, finding that the employee was dismissed because she made a protected disclosure. It also found in her favour on claims for unlawful deductions from wages (underpayment of salary from September to December 2019), unpaid holiday pay on termination (11.7 days), and breach of contract (agreed mileage and damage expenses).
Compensation awarded:
- Automatically unfair dismissal: £1,708.43
- Unpaid wages: £586.56
- Holiday pay: £1,080.02
- Breach of contract: £1,244.00
- Total: £4,619.01
Lessons & takeaways
- Making a protected disclosure can give you strong protection against dismissal – if you are dismissed because of it, the dismissal is automatically unfair.
- Employers must pay all wages and holiday pay due; failing to do so can lead to separate claims for unlawful deductions.
- Agreed expenses, such as mileage or damage to personal property, should be paid promptly – breach of contract claims can follow if not.
- Keep records of any protected disclosures and the employer's response, as this evidence is crucial in whistleblowing claims.
When raising concerns costs you your job
This case shows what can happen when an employee speaks up about wrongdoing and is then dismissed. The former employee made a public interest disclosure to her employer, Fenco Ltd t/a Homesafe Housing, and was dismissed shortly after. The tribunal found that the dismissal was automatically unfair because it was motivated by that disclosure – a clear breach of whistleblowing protection laws.
But the case didn't stop there. The employee also faced financial losses: her salary was underpaid for several months, she wasn't paid for accrued holiday leave when she left, and the employer failed to reimburse agreed expenses for mileage and damage to her car. The tribunal upheld all these claims, awarding a total of £4,619.01.
What the employer could have done differently
Fenco Ltd could have avoided this outcome by taking the employee's concerns seriously and following a fair process. Instead, it dismissed her without proper consideration of her protected disclosure. It also failed to pay her correctly – a basic obligation that all employers must meet. Paying wages, holiday pay, and agreed expenses on time would have prevented the additional claims.
Why this matters for similar claims
This case is a reminder that whistleblowers have strong legal protection. If you are dismissed because you made a protected disclosure, the dismissal is automatically unfair – regardless of your length of service. It also highlights that employers cannot ignore other financial obligations, such as unpaid wages and holiday pay. For employees considering a claim, it's important to gather evidence of the disclosure and any financial losses, as these will be key to a successful outcome.
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