Axis HR’s Makbool Javaid’s latest article in The HR Director Magazine on whistleblower claim
Whistleblower awarded £66,000 for unfair dismissal after raising concerns about manager’s competence
A Watford Employment Tribunal has awarded Mr A Estcourt £66,295.11 in compensation after finding that Morrison Energy Services Limited automatically unfairly dismissed him for making a protected disclosure.
The judgment concluded that the energy services provider subjected the claimant to both detriment and dismissal because he raised health and safety concerns.
Mr E raised protected disclosure concerns about his manager over a three-month period, explaining that his lack of engineering training “posed a risk to individuals and the public”.
The tribunal found that M Limited failed to support Mr E when client Cadent requested his removal from the CMO contract. Critically, the respondent did not use the claimant’s letter to challenge Cadent over the reasons for removal. When Cadent failed to provide any justification, managers reportedly acknowledged it would be “difficult to defend if they do not have reasons” – yet proceeded with dismissal regardless.
Employment Judge Cowen described the respondent’s argument that “the client was the controller of who was employed” as erroneous, demonstrating “a lack of professionalism by both management and HR advisers.”
The tribunal awarded E £25,000 for injury to feelings, placing the claim within the middle Vento band. Factors considered included the claimant’s humiliation, damaged reputation within the utilities sector, social withdrawal, irritability, and a diagnosis of anxiety and depression directly linked to his removal from the contract. While the claimant declined medication, the tribunal accepted he continues managing anxiety through meditation and mindfulness.
