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Burlingtons advises on successful whistleblowing claim

Tribunal awards compensation in excess of £82,000, including injury to feelings and aggravated damages of over £24,000.

Richard Berry, Helena Antoniou and Katie Ashton from our employment team acted in employment tribunal proceedings for a claimant who brought claims for constructive automatic unfair dismissal, constructive ‘ordinary’ unfair dismissal, constructive wrongful dismissal, unlawful detriments, and breach of contract/unlawful deduction of wages.

East London Employment Tribunal handed down its remedy judgment in mid-April of this year. The Claimant had been successful in all of his claims at the liability hearing, in a judgment which ran over 370 paragraphs, and the tribunal now had to decide on the appropriate level of compensation.

The background

The Respondent was a private aviation caterer. During his employment, the Claimant was subjected to various ad hoc disciplinary processes by the Managing Director, which were found by the tribunal to have been without merit. The Claimant later made protected disclosures regarding apparent wrongdoing by the Managing Director, which resulted in the Managing Director making baseless allegations of fraud against him and suspending him in response. The Claimant duly resigned and claimed he had been constructively dismissed.

The judgment

The tribunal found that the allegations of fraud were a tool used to distress the Claimant or scare him into resigning. The tribunal further found that the Claimant had been subjected to six separate detriments by the Respondent and that five of them, like the Claimant’s constructive dismissal, were the result of his having made protected disclosures.

The tribunal awarded net compensation of over £82,000, which included injury to feelings and aggravated damages of over £24,000.

If you would like more information about this article or on employment matters please contact Richard Berry at richard.berry@burlingtons.legal.

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