14 Jul What a £66k tribunal case tells you about dismissals
Insight from an HR consultant in Wychavon on what went wrong in a recent whistleblowing tribunal and why the financial risks for employers are about to increase.
I’m hearing from more business owners lately who are worried about getting employee situations wrong.
That worry is well placed. A recent tribunal awarded over £66,000 to an employee who was dismissed after raising concerns about his manager.
The employer genuinely believed they’d handled it properly. They hadn’t.
From January 2027, the financial exposure from cases like this will be even greater. Here’s what you need to know and what you can do to protect your business.
Myth: A Client Request to Remove Someone Is Grounds for Dismissal
One of the biggest mistakes in this case was the assumption that a client’s request to take someone off a project gave the employer a fair reason to end that person’s employment.
It doesn’t work that way.
Andrew Estcourt was a chief engineer who kept flagging that his new manager lacked the technical competence the role required. Instead of looking into those concerns, the business decided he was being difficult. When the client asked for him to be removed from the project, the employer went ahead and dismissed him.
But a commercial request from a client is just that. It doesn’t override your obligations as an employer. You still need to look at the full picture, explore other options, and follow a proper process before making any decision about someone’s employment.
Myth: Labelling Someone “Obstructive” Makes Your Case Stronger
The employer characterised Estcourt as obstructive and unsupportive. That might have felt like justification at the time, but the tribunal saw straight through it.
Estcourt’s concerns about his manager’s competence weren’t just personal gripes. They touched on areas that could affect safety and legal compliance. That meant they qualified as protected disclosures under whistleblowing law.
When someone makes a protected disclosure, dismissing them because of it is automatically unfair. It doesn’t matter how neat your paperwork looks or how reasonable you think your position is. If the reason for dismissal connects back to a protected disclosure, you’ve lost.
Myth: SOSR Covers You When the Situation Is Complicated
The employer relied on SOSR (some other substantial reason) as the basis for the dismissal. SOSR is a legitimate category, but it has a high bar. You need solid, documented evidence to support it.
It’s not a fallback option for situations where the real reason is hard to define. Using it without a thorough investigation leaves you completely exposed at tribunal.
Myth: Running Processes in Parallel Saves Time
Another problem was that the grievance Estcourt had raised and the dismissal process were happening at the same time, with the same people involved in both.
That creates an obvious impartiality issue. The person deciding the outcome of a grievance should never be the same person deciding whether to dismiss. Keeping those processes separate is fundamental to fairness, and tribunals will pick up on it immediately if you don’t.
The HR team in this case were criticised for showing complete disregard for fair process. That’s a damning finding, and it contributed to the overall award of £66,295 plus £1,800 in costs.
What You Should Be Doing Differently
Whether your team is small or growing, these principles apply to you.
If an employee raises a concern about a colleague or manager, investigate it properly before taking any other action. Don’t jump to conclusions about their motives.
If a client asks you to move someone off a piece of work, treat it as a commercial matter that needs careful thought. Don’t let it become the trigger for a dismissal without exploring alternatives first.
Make sure the people handling a grievance are completely separate from anyone making decisions about that employee’s future. Overlap here is one of the quickest ways to undermine your position.
And if you’re considering SOSR as a reason for dismissal, make sure you’ve built a proper evidence base. Without it, you’re taking a significant risk.
Why the Stakes Are Going Up from January 2027
Right now, there’s a statutory cap on what a tribunal can award in most unfair dismissal cases. That cap is being removed from January 2027.
Once that happens, the financial consequences of getting a dismissal wrong will increase substantially. A case that costs £66,000 today could cost far more next year.
If you don’t already have solid processes in place for handling employee concerns, grievances, and dismissals, now is the time to sort that out. HR consultancy services in Wychavon can help you put the right foundations in place before these changes take effect.
Questions Worth Asking Yourself
Have a think about where your business stands right now.
- If an employee raised a serious concern about their manager tomorrow, do you have a clear process for investigating it?
- Could you confidently separate the people handling a grievance from those making employment decisions?
- Are you relying on informal approaches to manage difficult situations that really need a documented process?
- Do you know the difference between an employee complaint and a protected disclosure?
If any of those gave you pause, it’s worth getting some support in place.
Let’s Have a Conversation
If you’re dealing with a tricky employee situation right now, or you just want to make sure your processes would hold up if something went wrong, I’d love to help.
As an outsourced HR consultant in Wychavon, I work with business owners to make sure they’re protected and confident when handling people issues.
You don’t need to have a crisis on your hands to get in touch. Sometimes a quick conversation is all it takes to put your mind at rest.
Get in touch and let’s book a discovery call.
