Claimant v Neo Clean Limited
Outcome
Individual claims
The tribunal found the complaint of automatic unfair dismissal for making a protected disclosure to be well-founded. The Claimant was dismissed for whistleblowing, which is automatically unfair under the Employment Rights Act 1996.
The tribunal found the complaint of breach of contract in relation to notice pay to be well-founded. The Respondent failed to pay the Claimant her statutory or contractual notice pay upon termination.
The tribunal found the complaint in respect of holiday pay to be well-founded. The Respondent made an unauthorised deduction from wages by failing to pay the Claimant for holiday accrued but not taken on the date employment ended.
Facts
Miss Morgan was employed by Neo Clean Limited and made a protected disclosure (whistleblowing). She was subsequently dismissed. The Respondent failed to pay her notice pay and accrued holiday pay upon termination. The Respondent did not attend the preliminary hearing held remotely by CVP.
Decision
The tribunal found all three claims well-founded in the Respondent's absence. The automatic unfair dismissal for whistleblowing succeeded, as did claims for breach of contract (notice pay) and unlawful deduction of wages (holiday pay). Total compensation of £5,202.76 was awarded.
Practical note
Dismissal for making a protected disclosure is automatically unfair, and employers who fail to attend tribunal hearings risk default judgments awarding compensation for all well-founded claims.
Award breakdown
Case details
- Case number
- 3302189/2024
- Decision date
- 9 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No