Claimant v IK14 Restaurants Limited
Outcome
Individual claims
The respondent's response was struck out and did not attend the hearing. The tribunal found the claimant's claim for automatic unfair dismissal under section 103A ERA 1996 (whistleblowing dismissal) succeeded in the respondent's absence.
The tribunal found the claimant suffered detriments arising from protected disclosures under section 47B ERA 1996. The respondent's response having been struck out, the claim succeeded by default.
Facts
The claimant was employed by IK14 Restaurants Limited, a hospitality company, and was dismissed on 3 August 2023. The claimant brought claims for automatic unfair dismissal on the grounds of whistleblowing under section 103A ERA 1996 and for detriments arising from protected disclosures under section 47B. The respondent company entered voluntary liquidation and its response was struck out. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant by default judgment after the respondent's response was struck out and they failed to attend. The claimant succeeded on both claims for automatic unfair dismissal and whistleblowing detriments, receiving a total award of £74,974.91 including a 25% ACAS uplift and injury to feelings.
Practical note
Where a respondent's response is struck out and they fail to attend, tribunals will enter default judgment on whistleblowing claims and apply ACAS uplifts even in the respondent's absence.
Award breakdown
Vento band: lower
Award equivalent: 130.0 weeks' gross pay
Adjustments
Respondent failed to follow ACAS Code of Conduct on disciplinary procedures, resulting in 25% uplift applied to compensatory award
Legal authorities cited
Statutes
Case details
- Case number
- 3312695/2023
- Decision date
- 11 November 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
Claimant representation
- Represented
- Yes
- Rep type
- solicitor