Whistleblowers perform a vital role in the public interest and managers who persist in viewing their activities merely as inconvenient belly-aching expose themselves to condemnation by Employment Tribunals (ETs). That was certainly so in the case of a warehouse worker whose health and safety concerns were ignored (Cooley v Ocado Retail Ltd).
The man reported a number of health and safety issues to his managers. Amongst other things, he noticed that cardboard and pallets were being stored in a way that prevented access to fire extinguishers and fire exits, and that a safety switch on a conveyor belt was not working because it was blocked with a cable tie.
He said that his activities resulted in a witch hunt against him. He was given unpleasant jobs to do, was three times denied promotion and was insulted and harassed by way of the warehouse's public radio channel. He resigned after his mental health deteriorated to the point where he dreaded going to work and had suicidal thoughts. He later launched ET proceedings.
In ruling on the matter, the ET found that he was constructively dismissed. He was badly treated on a number of occasions in a manner that amounted to a fundamental breach of the relationship of trust and confidence that should be a feature of any employment relationship. The mistreatment had caused his resignation.
He reasonably believed that his concerns were justified and that he had raised them in the public interest. Managers, however, ignored his disclosures and marked him down as a complainer. The various detriments to which he was subjected were connected to his whistleblowing activities and his dismissal was thus automatically unfair. His former employer was ordered to pay him £20,959 in compensation, including £6,000 for injury to his feelings.
It is important to recognise when workers have rights under the whistleblowing legislation and to investigate thoroughly matters raised in such circumstances. Contact Emma-Louise Hewitt e.hewitt@sydneymitchell.co.uk 08081668860 for advice.
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