Dismissal


The dismissal of an employee because they made a protected disclosure will be automatically unfair (section 103A, ERA 96). To succeed in this kind of claim, the protected disclosure must be the only or main reason for the dismissal (Royal Mail Group Limited v Jhuti [2017] EWCA Civ 1632). No service is needed. 


A claim for unfair dismissal can only be brought against the employer (see Chapter 10). There is no statutory cap on compensation. Stigma damages (damages for reputational harm causing lost future earnings) can be claimed (Small v Shrewsbury & Telford NHS Trust [2017] EWCA Civ 882).