Dismissal

The dismissal of an employee for the only or main reason that they made a protected disclosure will be automatically unfair (section 103A, ERA 96). No service is needed. See Chapter 10: Unfair dismissal.

An unfair dismissal claim can only be brought against the employer. There is no cap on compensation for lost earnings for this kind of dismissal. Stigma damages (where reputational harm causes lost future earnings) can be claimed (Small v Shrewsbury & Telford NHS Trust [2017] EWCA Civ 882).