Claimant v Hope South West Limited (In Liquidation)
Outcome
Individual claims
The tribunal found the claimant was automatically unfairly dismissed under Section 103A ERA 1996 for making protected disclosures (whistleblowing). The respondent, being in liquidation and not present, did not contest the claim.
The tribunal found the claimant suffered a detriment under Section 48 ERA 1996 in relation to whistleblowing. The respondent did not appear to defend the claim and the tribunal awarded £15,000 for the loss suffered.
The tribunal found the respondent breached the claimant's contract of employment and awarded damages of £200. The respondent did not participate in the proceedings.
Facts
Mr Mooney brought claims against his former employer Hope South West Limited, which was in liquidation at the time of the hearing. The claims related to automatic unfair dismissal for whistleblowing under Section 103A ERA 1996, suffering detriment under Section 48 ERA for making protected disclosures, and breach of contract. The respondent did not attend or participate in the proceedings.
Decision
The tribunal upheld all three claims. It awarded £38,210 for the automatic unfair dismissal claim, £15,000 for the detriment claim related to whistleblowing, and £200 damages for breach of contract, totalling £53,410. The respondent's absence and liquidation status meant the claims were uncontested.
Practical note
Default judgments in whistleblowing cases can result in substantial awards even against insolvent respondents, with the tribunal awarding both compensation for dismissal and separate damages for detriment suffered.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8001112/2024
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No