Dismissal
[ch 2: pages 11-12]In a claim for dismissal because the employee made a protected disclosure, the normal unfair dismissal remedies are available. These are reinstatement, re-engagement and compensation (a basic award and a compensatory award for lost earnings). The statutory cap on the compensatory award for unfair dismissal (£86,444 from April 2019) does not apply to whistleblowing cases. “Stigma damages” (damages for lost earnings due to reputational harm) can be claimed (Small v Shrewsbury & Telford NHS Trust [2017] EWCA Civ 882).
As always, claimants owe a duty to take reasonable steps to mitigate their losses, for example, by looking for another job. Compensation can be reduced by up to 25% if the protected disclosure was not made in good faith (section 49(6A), ERA 96) (see page 24).
Interim relief is available. Any claim for interim relief must be brought within seven days of dismissal so urgent legal advice should be taken. See Chapter 6 for more information.