Background
The Claimant expressed concerns regarding an insurance claim submitted by ENI against the Respondent for an underground blowout while drilling a well. The concerns centred around the claim being invalid. He repeated these concerns in September 2020, calling the claim potentially fraudulent.
Management responded that an independent review found no issues with the claim. The Claimant remained convinced of his position, and in April 2021, raised his concerns at a meeting with the CEO, accusing his managers of failing in their duties.
Subsequently, the Respondent initiated a Performance Improvement Plan (PIP), setting nine objectives. The Claimant complained that the objectives were unrealistic, and the Respondent attempted to initiate a protected conversation with the Claimant regarding his mutually agreed exit, which ultimately fell through. The Claimant was then dismissed, and the Respondent cited failure to engage with the PIP and a breakdown of trust with his line managers as the grounds for the dismissal.
The Claimant raised claims for unfair dismissal and having been subjected to detriments for having made protected disclosures.
Outcome
The Employment Tribunal found the dismissal to be unfair due to the Respondent’s procedural failings. It ruled:
- The true reason for dismissal had not been disclosed to the Claimant in advance, depriving him of the opportunity to prepare a response.
- Despite recognising that the Claimant made protected disclosures, the Tribunal found these did not influence his performance targets or dismissal, and his whistleblowing claims were not upheld.
The Claimant appealed the Employment Tribunal’s decision that the dismissal was not related to his protected disclosures.
Appeal
The Employment Appeal Tribunal held that the dismissal was not automatically unfair for whistleblowing.
Conclusion
The case is a helpful reminder of the importance of following a fair process and not withholding any key information from employees participating in formal proceedings which may prevent the employee having sufficient opportunity to prepare a response when dismissal is a possible outcome.
