Employment tribunal remedies
Contents
Introduction
Workers and employees protected by the public interest disclosure law can start claims at an Employment Tribunal if they have been dismissed or been subjected to detrimental treatment by their employer for making a protected disclosure.
A claim must be made before the end of 3 months, beginning with the effective date of dismissal or the act or failure to act which caused the detriment.
Note: In England, Wales and Scotland, it's expected that from October 2026 this 3-month period will be extended to 6 months. See our section on the Employment Rights Act 2025 for more information.
Unfair dismissal claims
Unfair dismissal claims can only be started by an employee.
Any dismissal of an employee due to the making of a protected disclosure will be automatically unfair (no qualifying period of continuous employment is needed). An employee will also be unfairly dismissed if the reason or principal reason for selecting them for redundancy is that they made a protected disclosure.
The employee can also claim an interim order, which can require their employment contract to continue until the final hearing. This can mean the employer has to reinstate or re-engage the employee and pay the employee's salary.
This order will usually be granted if the tribunal thinks it's likely that the claim will be successful.
If a worker is dismissed, they can start a claim for detrimental treatment.
If a claim is successful, a tribunal can order that the employee or worker be reinstated or re-employed, or that they be paid compensation.
The amount of compensation that can be awarded to an employee is unlimited.
Detriment claims
Where an employee or worker complains that they've been victimised (e.g. demoted, been denied training opportunities or promotion) for whistleblowing, they can claim that they have suffered detrimental treatment.
If successful, the tribunal can do either or both of the following:
- Make a declaration stating that the employer caused the detriment
- Order compensation to be paid.
Other orders
In England, Wales and Scotland, if the disclosure was made in bad faith, a tribunal can reduce an award for compensation by up to 25%.
Tribunals also have the power to send details of whistleblowing claims directly to a prescribed regulator (e.g. the Information Commissioner, amongst others), but only if the employee or worker consents to this.