Blake (not his real name) worked as an engineer for a food producer. He was concerned that products were not being properly cleaned during production and goods were being exposed to contaminated water and excess chemicals. He also told us that the warehouse where he worked did not have a safe fire alarm system.
Blake raised his concerns confidentially to the CEO but no action was taken – instead, he was threatened with disciplinary action. Blake raised concerns to the Health and Safety Executive (HSE), but the employer was given enough notice of an investigation to superficially address the concerns. Blake was forced to resign and sought advice on making a claim for constructive dismissal.
We identified that Blake was fast approaching the time limit for bringing a claim so we suggested that he try to argue that he had suffered a continuing act of detriment over many months and seek urgent advice from his Trade Union. The HSE had since revisited the warehouse on several occasions and Blake was satisfied that the regulator was taking action. Blake submitted his claim in the Employment Tribunal in time and his case is to be heard in late 2020.