Claimant v GXO Logistics UK Limited
Outcome
Individual claims
The tribunal found the claimant was employed at a place with a safety committee and he did not show it was not reasonably practicable to raise health and safety matters with that committee. Furthermore, the reason for dismissal was not that he had raised health and safety concerns.
The tribunal determined the reason for dismissal related to the claimant's capability for performing the work he was employed to do. The dismissal was found to be fair and within the band of reasonable responses.
Facts
The claimant was employed by GXO Logistics UK Limited and was dismissed. He brought claims for automatically unfair dismissal under section 100(c) ERA 1996, alleging he was dismissed for raising health and safety concerns, and ordinary unfair dismissal. A Polish interpreter was required for the hearing.
Decision
The tribunal dismissed both claims. They found the claimant had not shown it was not reasonably practicable to raise health and safety matters through the existing safety committee, and in any event, the dismissal was not because he raised such concerns. The actual reason for dismissal was capability, which was a fair reason and the dismissal was fair.
Practical note
A health and safety whistleblowing claim under section 100 ERA 1996 will fail if the employer had a safety committee that the employee could reasonably have used to raise concerns, and if capability is the true reason for dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 3311499/2023
- Decision date
- 5 December 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No