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VICTIMISATION

links

recent UK employment tribunal decisions

LINKS

Britain

HSE whistleblower web page

Public Concern At Work - for advice, support, newsletter, the Whistleblower updates@pcaw.co.uk email: whistle@pcaw.co.uk

Campaign for Freedom of Information: Whistleblowing page

Centre for Corporate Accountability - for advice on employer and HSE accountability.

Lord Chancellor's Department - People's Rights Contains guidance on legal rights, including freedom of information and human rights.

Employment Tribunals web site

Employment Appeal Tribunals

USA
Government Accountability Project

Official US OSHA whistleblower protection page

National Whistleblower Center

Useful reading
• Speaking out without fear, UNISON guide to whistleblowing. pdf format
• Whistleblowing and the Public Interest Disclosure Act 1998; Catherine Hobby; A5; 88pp; ISBN 1 873271 92 1; Price for trade unions and subscribers £8; others £30; December 2001. The Institute of Employment Rights, 177 Abbeville Road, London SW4 9RL, UK. email ier@gn.apc.org , www.ier.org.uk

Recent UK employment tribunals: Health and safety victimisation cases. Listing prepared by Mick Holder, London Hazards Centre

• Train driver and former ASLEF safety rep Laurie Holden was found by an ET in 2002 to have been unfairly dismissed for raising health and safety issues at work. His award was limited to £55,000 because he turned down a job, even though taking it would have meant moving home (Hazards 78). Unofficial Connex site with detail about Laurie Holden’s ET

• An ET ruled in 2001 that construction company Balfour Kilpatrick had unfairly dismissed 80 electricians, mostly T&G and AEEU (Amicus) members, after they refused to wear damp “protective” clothing and walked off the job. The company had to pay at least the basic award of £3,300 a worker (Hazards 76).

• Train driver and RMT safety rep Sarah Friday was found in 2000 to have been fired for raising health and safety issues and awarded £16,000. The award would have been much higher, but the ET said she contributed 60 per cent towards her own dismissal (Hazards 71).

• UCATT safety rep Dave Smith was found in 1998 to have been unfairly dismissed by construction giant Costain after raising safety concerns (Hazards 63). In 1999 an EAT overturned the judgment, because Smith was not a Contain employee, but agency labour.

• In 1998, driver and T&G member Timothy Rennison was awarded compensation by an employment tribunal after he was fired by tipper firm Fast Source for refusing to drive a vehicle he believed to be unsafe (Hazards 63).

• In 1994, UCATT member Matthew Harris was awarded £8,760 by an industrial tribunal after being unfairly dismissed by Select Timber for raising safety concerns. He had become ill after handling timber still wet with wood preservatives, and had called in HSE after management ignored his complaints (Hazards 47).

• In 1994, joiner Frank McKenna, a UCATT member, was awarded £11,417 compensation from Marshall Construction after being fired for fired for refusing to work on dangerous scaffold (Hazards 48).

• GPMU member Graham Melson received £3,610 and redundancy pay from Tarry Hill printers in 1993 after being unfairly dismissed. He had insisted the company provide him with the legally-required forklift training (Hazards 38).

Detailed list: ET/EAT health and safety related cases

David Smith v Costain Building & Civil Engineering and Chanton Group Plc, case no. 3202160/98, Stratford Employment Tribunal, 16/7 September 1998. Safety rep found to be unfairly dismissed for carrying out their duties.

Costain Building & Civil Engineering v David Smith and Chanton Group plc, case no. EAT141/99, Employment Appeal Tribunal, London 25 May 1999. Appeal won as David Smith judged not an employee because he was agency supply labour.

Denys Rama v South West Trains, case no. CO/310/96, High Court London, 5 November 1997. Day release to attend TUC Stage II Safety Reps course.

Miss S Catten v The Department of Social Security, case no. 2200805/2000, London Central Employment Tribunal, 9-12 January 2001. Stage three TUC safety rep's course release case.

Sarah Friday v SW Trains, Employment Tribunal, 2000. Train driver and safety rep Sarah was found to have been sacked for raising health and safety issues but the ET found she had contributed 60% towards her own dismissal so the award was severely limited. There was an official strike held in support of Sarah.

Laurie Holden v Connex SE, case no. 2301550/00, Croydon Employment Tribunal, 18/9 April 2002. Train driver and safety rep Laurie was found to have been unfairly dismissed for raising health and safety issues at work but his award was limited because he turned down a job that he would have had to move home to accept.

Barton v Wandsworth Council, 12.7.95, case no. 11268/94. An employee's case failed because they did not do enough to raise their concerns within the company

Bass Taverns Ltd. v Burgess, [1995] IRLR 596.

Blackmore v North West Kent College of Technology, 17.9.98, EAT 302/98.

Brendon v BNFL Flurochemicals Ltd., 4.7.96, EAT 766/95. An employee raised concerns about the improper use of the company's product by people not employed by them. The employee was found not to have been unfairly dismissed.

Burt v Patrington Haven Leisure Park, 3.12.96, EAT 424/96. Concerns a swimming pool employee who found a low level of chlorine in the water and closed the pool.

England v Hampshire County Council, 11.5.00, EAT 365/99.

Godwin v Cabletel UK Ltd, [1997] IRLR 665.

Harvest Press Ltd v McCaffrey, [1999] IRLR 778. Found that statutory provisions should be given a "sensible and unconstricted interpretation in the interests of health and safety at work."

Healey v Excel Logistics Ltd, 20.5.98, EAT 846/97. Safety rep sacked for carrying out his functions under the regulations, ie. investigating an accident and looking at the accident book.

Hitt v Lightning Despatch Ltd, 20.2.97, EAT 210/97. A lorry driver raised concerns about the rear doors of the vehicle which had been damaged and forced closed.

Jackson v ICS Group of Companies Ltd, 22.11.98, EAT 499/97. An employees lack of awareness of a safety committee did not mean that it had not been reasonably practicable for them to raise their concerns through that committee.

Jennings v H&P Freightway Ltd, 8.3.00, EAT 636/99.

Jones v Conway County Borough Council, 28.3.00, EAT 967/99.

Jones v Euro Bulk Packaging Ltd, 2.7.99, EAT 343/99. An employee raised safety concerns about leaving a job half finished to go to another one as instructed by his employer.

Kerr v Nathan's Wastesavers Ltd, 21.6.95, EAT 91/95. A van driver raised concerns about potential overloading of their vehicle.

Lynn v Rokeby School Board of Governors and others, 18.2.98, EAT 1239/97.

Masiak v City Restaurants (UK) Ltd, [1999] IRLR 780. A chef refused to work with chicken he felt had not properly defrosted and left their workplace.

Maund v Penwith District Council, [1984] IRLR 24.

Ministry of Defence v Jeremiah, [1979] IRLR 436.

Moon v Selby, 12.11.96, EAT 264/96. Dealt with the issue of staff/pupil ratio.

Pearce v Governing Body of Mayfield Secondary School, [2000] IRLR 548.

Shillito v Van Leer (UK) Ltd, [1997] IRLR 495. A safety rep was found not to have been unfairly dismissed for carrying out their functions but was dismissed for pursuing a personal agenda to embarrass the employer.

Smith v Hayle Town Council, [1978] IRLR 413.

Smiths Industries Aerospace and Defence Systems v Rawlings, [1996] IRLR 656. EAT satisfied there was no discrepancy between the Framework Directive protections for workers and UK legislation. A case of a safety rep arguing they had been put at a disadvantage in the redundancy selection pool with their fellow employees because of their safety function.

Taplin v C Shippman Ltd, [1978] IRLR 450.

Tate v Salvesen Logistics Ltd, 17.11.97, EAT 226/97. Ruled an employee did not raise an issue by reasonable means as they mentioned it in a casual conversation with a director.

Tedeschi v Hosiden Besson Ltd, 2.10.96, EAT 959/95. The employee raised concerns about fumes extraction at a soldering station.