Claimant v Alpha Health and Care Services Limited
Outcome
Individual claims
The claimant's complaint of unfair dismissal on the ground that she made a protected disclosure under section 103A of the Employment Rights Act 1996 was not well founded. The tribunal found that the dismissal was not because of whistleblowing.
The claimant's complaints that she suffered detriments because she made a protected disclosure contrary to sections 47B and 48 of the Employment Rights Act 1996 were not well founded. The tribunal did not find that the alleged detriments were connected to any protected disclosure.
The claimant's complaint of unauthorised deductions from wages (arrears of pay) under sections 13 and 23 of the Employment Rights Act 1996 succeeded. The tribunal found the respondent had unlawfully deducted wages totalling £1,050.00 and £420.00 that were properly due to the claimant.
The claimant's complaint of breach of contract relating to notice pay under the Employment Tribunals Extension of Jurisdiction Order 1994 succeeded. The tribunal found the respondent failed to pay the claimant her contractual notice pay of £525.00.
Facts
The claimant was employed by Alpha Health and Care Services Limited. She brought claims for automatic unfair dismissal and detriment related to alleged protected disclosures (whistleblowing), as well as claims for unpaid wages and notice pay. The respondent was represented by its director, while the claimant appeared in person at a three-day hearing.
Decision
The tribunal dismissed the whistleblowing-related claims, finding that the dismissal was not because of protected disclosures and that the claimant had not suffered detriments for that reason. However, the tribunal upheld the claims for unlawful wage deductions totalling £1,470 and breach of contract for unpaid notice pay of £525.
Practical note
Even where whistleblowing claims fail, tribunals will still rigorously enforce basic contractual and statutory payment obligations including arrears of pay and notice pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3200878/2023
- Decision date
- 24 October 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No