Miss N Ibrahim v Miss Irene Nakamatte and 1 other — 2022

The tribunal found that the claimant had entered into an agreement with the second respondent to work as a registered manager from 16 June 2021 on a salary of at least £2,500 per month. It rejected the respondents' case that there had been no employment relationship, finding that the claimant was employed, under their control, and held out to the CQC as the registered manager.

It found that the claimant made three qualifying protected disclosures: on 14 July 2021 to CQC inspector Claire Snowden, on 26 July 2021 to the first respondent, and again on 27 July 2021 to the CQC. The tribunal accepted that she was concerned about access to the office, emails and client files, and about care and safeguarding issues affecting the second respondent's clients. It held that those disclosures were made in the public interest and tended to show a risk to health and safety. The CQC inspection findings were broadly consistent with the claimant's account.

The tribunal held that the dismissal communicated by Mr Kaggwa on 27 July 2021 was because of the claimant's contact with the CQC, so the claim of automatic unfair dismissal under section 103A ERA 1996 succeeded. It also held that the failure to pay the claimant was a detriment under section 47B ERA 1996, materially influenced by the protected disclosures. The tribunal found that the claimant experienced some injury to feelings from the non-payment of wages, but that the main distress came from the respondents' failure to allow her to do her job properly.

On remedy, the tribunal awarded a compensatory award of £5,668 for unfair dismissal, with no basic award because the claimant had less than one year's service. It awarded £2,000 for injury to feelings for the whistleblowing detriment, £2,862.60 gross for unauthorised deductions from wages, and £2,176 under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars. The total award was £12,706.60.