direct 2 lawyers-blog-newsA whistleblower who claims that he was dismissed from his employment with a distribution company after he submitted grievances relating to health and safety violations at his employer has taken his legal fight to the Employment Tribunal.

The man, who asked not to be named for personal reasons, submitted his claims to the Employment Tribunal after he was dismissed last year. Prior to his dismissal the former employee claims that he submitted grievances relating to health and safety violations at work – specifically regarding changes whereby workers at the NFT’s depot were obliged to do more heavy lifting. He voiced his concerns, stating that other employees were also “very unhappy” about the increased workload as a result of the change but that the company had not dealt with his grievances reasonably or seriously. The matter was then reportedly referred to the Health and Safety Executive at a later date. It is not known what the outcome of the Health and Safety Executive investigation was.

The man contends that he was dismissed because of the grievances regarding health and safety. Two other employees were also dismissed and have also submitted Employment Tribunal claims relating to their dismissal.

The ex-employee – who has obtained alternative employment sinced he was fired by NFT – is expected to have his case heard in the North London Employment Tribunal this coming week, with the last date of the Employment Tribunal hearing on 27 September 2013.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “An allegation relating to dismissal due to a protected disclosure is a particularly serious one and can be quite difficult to prove, depending on the circumstances. The success of this ex-employee’s claim will depend on whether he can successfully link the reason for his dismissal to the alleged protected disclosures made during his employment.”

Judgment in the case is expected at a later date.


The Direct 2 Lawyers Employment Team post daily on interesting employment law cases, Employment Tribunal judgments and Employment Appeal Tribunal judgments. All of the Employment Team posts are written by qualified specialist employment lawyers

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