Claimant v Bagnall & Morris Waste Services Ltd
Outcome
Individual claims
Interim relief application succeeded. The tribunal found it likely the claimant would succeed at full hearing in establishing he was dismissed because he made protected disclosures about unsafe use of Google Maps navigation for HGVs and collecting waste from schools at leaving time. The dismissal occurred within hours of his last disclosure (11:34am disclosure, 2pm dismissal), and the stated performance reasons appeared contradicted by regular performance bonuses paid and lack of documented performance concerns.
Interim relief granted on basis claimant likely to establish protected disclosures under s.43B(1)(d) ERA 1996 regarding health and safety dangers. Tribunal found likely the disclosures about Google Maps for HGVs and school collection times met all elements including public interest and reasonable belief. Disclosures about dust and bins less likely to succeed as appeared more related to claimant's personal ill health than wider public interest.
Facts
Claimant employed as HGV driver from 19 March 2025, dismissed 8 May 2025 during probationary period. Made repeated disclosures to employer about unsafe use of Google Maps navigation designed for cars being used for HGVs, and being required to collect waste from schools at leaving time when children present. Final disclosure made by email at 11:34am on 8 May 2025. Invited to probation review meeting at 1:07pm same day and dismissed at 2pm meeting, ostensibly for performance. Had previously received weekly performance bonuses throughout employment (except during brief illness), been reassured after minor vehicle accident, and had no documented performance targets beyond initial 35-40 jobs building up.
Decision
Interim relief application granted. Tribunal found claimant likely to succeed at full hearing in establishing automatic unfair dismissal for making protected disclosures about health and safety. Dismissal within hours of final disclosure, contradictions between stated performance reasons and regular bonuses paid, and lack of documented concerns made respondent's reasons appear non-genuine. Order for continuation of contract made requiring £667.45 weekly payment until full hearing.
Practical note
Dismissing a probationary employee within hours of a whistleblowing disclosure, without documented performance concerns and despite regular performance bonuses, creates strong inference the disclosure was the principal reason for dismissal, sufficient to grant interim relief even on untested evidence.
Legal authorities cited
Statutes
Case details
- Case number
- 6017804/2025
- Decision date
- 16 December 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- No
Employment details
- Role
- HGV driver
- Service
- 2 months
Claimant representation
- Represented
- No