Dismissal
[ch 13: pages 452-453]Dismissal for making a protected disclosure is automatically unfair. However, to trigger liability, the dismissing officer must have been influenced (even if subconsciously) by their belief that the employee made the protected disclosure (Royal Mail Group Limited v Jhuti [2017] EWCA Civ 1632).
Compensation for whistleblowing is uncapped and an award for injury to feelings can be made, including stigma damages (damages for reputational harm) (Small v Shrewsbury & Telford NHS Trust [2017] EWCA Civ 882). Here is a good recent example:
Two maintenance workers were unfairly dismissed by outsourcing company Amey after raising health and safety concerns with a prison governor. Amey had taken over maintenance at Liverpool prison under a government facilities management contract covering 60 jails. Under changes brought in by Amey, employees were required to carry out most jobs alone rather than in pairs, as had been the practice for many years. The men identified the safety risk that tools and equipment could be snatched by prisoners.
After unsuccessfully trying to reverse the measures using an internal grievance procedure, the two colleagues met with the prison governor to tell him that they were calling in the Health and Safety Executive. After two such meetings, Amey suspended and then sacked the men for “making things difficult” for Amey and damaging its reputation. The tribunal described as “extraordinary” Amey’s failure to take into account the men’s’ combined 45 years’ experience and unblemished disciplinary record. A hearing in June 2018 will rule on potential reinstatement and on compensation.
Bromilow and Wlldman v Amey, Liverpool ET, BBC news, 12 March 2018
In dismissal cases, interim relief can be claimed if the claimant can show they are “likely” to succeed in showing that the dismissal was for whistleblowing. Interim relief must be sought within seven days of dismissal. Urgent legal advice should be taken.
Any term in a contract, policy or other agreement, such as a settlement agreement, that tries to prevent a worker making a protected disclosure is void.