Charity founder dismissed after blowing the whistle: a case of time limits and constructive dismissal
A general manager who resigned over a hostile working environment was later dismissed for gross misconduct. The tribunal found he was wrongfully dismissed but his whistleblowing claim failed because it was brought too late.
1 min read · Last updated 19 May 2026
Case details
- #protected-disclosure
- #constructive-dismissal
- #wrongful-dismissal
- #notice-pay
- #hostile-working-environment
- #charity-commission
- #time-limits
Key facts
- The claimant was employed as General Manager from 1 June 2020 until dismissal on 14 March 2022.
- The claimant made a protected disclosure on 4 November 2021 about health and safety risks to his wife and another employee.
- The claimant resigned on 26 January 2022 giving six months' notice, citing a hostile working environment.
- The respondent commenced a disciplinary process on 28 February 2022 and dismissed the claimant for alleged gross misconduct on 14 March 2022.
- The tribunal found the claimant was wrongfully dismissed as he was not guilty of gross misconduct and was entitled to notice pay.
- The detriment claim for whistleblowing would have succeeded but was out of time.
Timeline
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Employment commenced
Claimant started as General Manager of Like U CIO, a charity he helped found.
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Mr Chylarecki appointed Chair
Mr Chylarecki became Chair of the charity, leading to a change in direction and conflict with the claimant.
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Annex to contract signed
Claimant signed an annex reducing his salary from £24,000 to £18,000 and limiting his duties, effective 1 October 2021.
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Protected disclosure via WhatsApp
Claimant sent a WhatsApp message to Mr Chylarecki stating he had put employees' health and safety at risk.
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Claimant resigned
Claimant handed in resignation with six months' notice, citing disagreement with the charity's direction and hostile environment.
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Disclosure to Charity Commission
Claimant sent a detailed complaint to the Charity Commission alleging misuse of assets and health and safety risks.
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Disciplinary process commenced
Claimant invited to an investigation meeting regarding alleged misconduct.
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Dismissal
Claimant dismissed for alleged gross misconduct; tribunal later found no gross misconduct.
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Claim presented to tribunal
Claimant filed his claim form with the Employment Tribunal.
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Judgment given
Tribunal found wrongful dismissal succeeded, but unfair dismissal and detriment claims failed (detriment would have succeeded but was out of time).
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed or subjected to detriment for making protected disclosures, and whether he was wrongfully dismissed without notice pay.
The outcome
The tribunal found that the claimant was wrongfully dismissed and is entitled to notice pay, but his claims for automatic unfair constructive dismissal and whistleblowing detriment were dismissed.
- The constructive dismissal claim failed because the tribunal did not find a fundamental breach of contract by the employer.
- The whistleblowing detriment claim would have succeeded on the merits, but was presented outside the three-month time limit, and it was not reasonably practicable to extend it.
- The wrongful dismissal claim succeeded because the employer had no reasonable grounds to believe the claimant committed gross misconduct, so he was entitled to his notice pay.
- A separate remedy hearing will determine the amount of notice pay, considering mitigation and any ACAS Code adjustments.
Lessons & takeaways
- Whistleblowing claims have strict time limits – you must bring a claim within three months of the act you complain about, or the last in a series of similar acts.
- If you resign and claim constructive dismissal, you need to show a fundamental breach of contract by your employer – a hostile environment alone may not be enough.
- Employers should ensure they have reasonable grounds for a gross misconduct finding before dismissing without notice, or they risk a wrongful dismissal claim.
- Making a protected disclosure to a regulator (like the Charity Commission) can strengthen your case, but does not extend the time limit for tribunal claims.
A whistleblower's battle with time
This case shows how even a strong whistleblowing claim can fail if it is not brought in time. The claimant, a general manager and co-founder of a charity, made a protected disclosure about health and safety risks to his wife and another employee. He later resigned, citing a hostile working environment, and gave six months' notice. But before his notice period ended, the charity dismissed him for alleged gross misconduct.
The tribunal found that the claimant was not guilty of gross misconduct, so his dismissal without notice was wrongful. However, his claim that he was constructively dismissed for blowing the whistle failed. The tribunal accepted that he had been subjected to detriment because of his disclosure, but the claim was presented too late – more than three months after the last act of detriment. The tribunal decided it was not reasonably practicable to extend the time limit.
What the employer could have done differently
The charity, Like U CIO, could have avoided the wrongful dismissal claim by properly investigating the alleged misconduct before dismissing. The tribunal noted that the decision to dismiss for gross misconduct was not based on reasonable grounds. A more thorough process might have prevented the need for a remedy hearing over notice pay.
Why this matters for similar claims
For employees, the key lesson is the importance of acting quickly. Whistleblowing claims have a strict three-month deadline from the last act of detriment. Even a strong case on the facts can be lost if you delay. For employers, this case is a reminder that dismissing someone for gross misconduct requires solid evidence – otherwise you may end up paying notice pay and facing a wrongful dismissal claim.
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