Claimant v Livingwell Supported Housing Ltd (in voluntary liquidation)
Outcome
Individual claims
The tribunal found that the complaint of automatic unfair dismissal on grounds of having made a protected disclosure was not well-founded. The claimant failed to establish that the dismissal was connected to protected disclosures.
The complaint of being subjected to detriment for making a protected disclosure was not well-founded. The claimant did not establish that he suffered detriment on grounds of having made protected disclosures.
The tribunal found the respondent made an unauthorised deduction from the claimant's wages in the period 01 April 2023 to 01 May 2023, totalling £1,032 gross. The respondent failed to pay wages properly due.
The tribunal found the respondent breached contract by failing to pay mileage expenses of £150 that were contractually due to the claimant.
The respondent made an unauthorised deduction from wages by failing to pay the claimant £187.11 for holidays accrued but not taken on the date the claimant's employment ended.
The respondent breached contract by failing to pay notice pay. The tribunal awarded £445.50 damages representing one week's gross pay as notice pay.
Facts
The claimant brought multiple claims against his former employer, a supported housing company in voluntary liquidation. He alleged automatic unfair dismissal and detriment for making protected disclosures (whistleblowing), along with claims for unpaid wages, mileage expenses, holiday pay, and notice pay. The respondent did not attend the hearing. Employment ended on 01 May 2023, with the claimant working in the period April-May 2023.
Decision
The tribunal dismissed the whistleblowing-related claims (automatic unfair dismissal and detriment) as not well-founded. However, the tribunal upheld all financial claims, awarding £1,032 for unpaid wages, £150 for mileage expenses, £187.11 for holiday pay, £445.50 for notice pay, and £1,782 under s.38 Employment Act 2002 for failure to provide written employment particulars.
Practical note
Even where whistleblowing claims fail on their merits, claimants can still succeed on basic contractual and statutory payment claims, and tribunals will award the statutory penalty for failure to provide written particulars where the employer is in breach at the start of proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1304504/2023
- Decision date
- 6 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
Claimant representation
- Represented
- No