Cases3312695/2023

Claimant v IK14 Restaurants Limited

11 November 2025Before Employment Judge Suzanne PalmerBury St Edmundsin person

Outcome

Default judgment£74,975

Individual claims

Automatic Unfair Dismissalsucceeded

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.

Whistleblowingsucceeded

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

Basic award£577
Compensatory award£69,398
Injury to feelings£5,000
Pension loss£2,644
Loss of statutory rights£500

Vento band: lower

Award equivalent: 130.0 weeks' gross pay

Adjustments

ACAS uplift+25%

Respondent failed to follow ACAS Code of Conduct on disciplinary procedures, resulting in 25% uplift applied to compensatory award

Legal authorities cited

Statutes

ERA 1996 s.103AERA 1996 s.47B

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