Claimant v DPD Group UK Limited

Outcome

Facts

The claimant, a long-serving Deckhand, raised concerns in August 2021 about drug misuse in the workplace via the respondent's whistleblowing service and in a detailed letter naming numerous employees and managers, including General Manager Lewis Baum and Hub Manager Vijay Gaddu. Drug tests were promptly conducted, resulting in several suspensions and dismissals. On 31 August 2021, Mr Baum confronted the claimant on the shop floor, saying 'I am not on drugs, and you can piss test me' and that the claimant 'could have been smarter about this', with aggressive gesticulation. In October 2021, the claimant received death threats which he reported to police and to Mr Gaddu on 2 November 2021, but Mr Gaddu told him to ignore them and took no workplace protective action. The claimant also had ongoing issues with a colleague, leading to a disciplinary matter and periods of stress-related sickness absence.

Decision

The tribunal found the claimant made protected disclosures about drug misuse which reasonably tended to show criminal offences, health and safety dangers, and deliberate concealment, and were in the public interest. Two detriments succeeded: Mr Baum's confrontation on 31 August 2021 was directly caused by the disclosure and improperly suggested the claimant should not have reported as he did; and Mr Gaddu's dismissive response on 2 November 2021 failed to protect the claimant from alleged retaliation, which was partly caused by the disclosure naming Mr Gaddu. Other complaints failed either because the conduct did not occur or was not causally linked to the disclosure. The claimant was awarded £10,000 for injury to feelings plus interest.

Practical note

Award breakdown

Vento band: middle

Legal authorities cited