Claimant won £33,571 awarded Employment Tribunal · 15 March 2022

Dismissed after raising Covid safety fears: a health and safety case

An administrator who raised concerns about inadequate Covid-19 safety measures was unfairly dismissed. The tribunal awarded £33,571 in compensation.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant worked as an Administrator from 1 August 2017 to 16 September 2020.
  • The claimant signed a furlough agreement on 3 April 2020 but continued to work full-time in the office.
  • The respondent failed to provide adequate Covid-19 safety measures such as masks, hand sanitisers, and social distancing.
  • On 3 September 2020, the claimant left work after raising health and safety concerns about a colleague with Covid-like symptoms.
  • The claimant was dismissed after a hostile meeting on 16 September 2020 and was not paid his full wages.
  • The tribunal found the claimant was unfairly dismissed for health and safety reasons and awarded compensation.

Timeline

  1. Employment started

    The claimant began working as an Administrator for the respondent.

  2. National lockdown announced

    The UK entered lockdown due to the Covid-19 pandemic.

  3. Furlough agreement signed

    The claimant signed a furlough agreement, but continued to work full-time in the office.

  4. Health and safety concerns raised

    The claimant raised concerns about a colleague coughing and lack of safety measures, then left work.

  5. Meeting and dismissal

    The claimant attended a meeting where Mr Dhinjan insulted him and threw his watch. He was told to go home and later asked to return company property.

  6. Return of property

    The claimant returned office keys, laptop, and printer to Mr Dhinjan.

  7. Claimant's email to respondent

    The claimant emailed Mr and Mrs Dhinjan seeking a return to work and payment of wages.

  8. Further email from claimant

    The claimant emailed again, threatening tribunal action for unpaid wages.

  9. Claim presented to tribunal

    The claimant filed claims for unfair dismissal, health and safety detriment, and unauthorised deductions.

  10. Final hearing (first day)

    The tribunal heard evidence and refused the respondent's postponement application.

  11. Reserved judgment issued

    The tribunal found all claims well-founded and listed a remedy hearing.

  12. Remedy hearing

    The tribunal awarded total compensation of £33,571.17 plus costs.

The outcome

The tribunal found all claims well-founded: unfair dismissal, health and safety detriment, health and safety dismissal, and unauthorised deductions from wages.

Key reasons:

  • The administrator raised genuine concerns about a colleague with Covid-like symptoms and lack of safety measures.
  • The employer responded with hostility, insulting him and throwing his watch, then dismissed him.
  • The employer failed to pay full wages despite the administrator working full-time during furlough.

Compensation:

  • Basic award: £1,329.60
  • Compensatory award: £23,219.05
  • Total: £33,571.17 (including other elements)

Lessons & takeaways

  • Raising genuine health and safety concerns about Covid-19 is protected – dismissing an employee for doing so is automatically unfair.
  • If you are furloughed but continue to work full-time, you are entitled to full pay, not just 80%.
  • Employers should take health and safety concerns seriously and provide a safe workplace, especially during a pandemic.
  • Keep evidence of your concerns and any hostile reactions – it can be crucial in tribunal.

A case of speaking up during the pandemic

This case shows what can happen when an employee raises legitimate health and safety concerns during a public health crisis. The administrator, who had worked for the company for three years, was worried about a colleague showing Covid-like symptoms and the lack of basic safety measures like masks and hand sanitiser. When he raised these concerns, the employer's response was hostile: he was insulted, his watch was thrown, and he was effectively dismissed.

What the employer could have done differently

The employer could have avoided this outcome by taking the concerns seriously. A proper risk assessment, provision of PPE, and a calm discussion would have been reasonable. Instead, the employer reacted personally and dismissively, which the tribunal found was directly linked to the administrator's protected act of raising health and safety concerns. The employer also made the mistake of paying only 80% of wages while the administrator worked full-time during furlough – a clear unauthorised deduction.

Why this matters for similar claims

This case reinforces that health and safety protections apply strongly during the pandemic. Employees who raise genuine concerns about Covid-19 risks are protected from detriment and dismissal. It also highlights that furlough agreements must reflect actual working arrangements – if an employee works full-time, they must be paid in full. The tribunal's award of over £33,000 reflects the seriousness of the employer's failures.

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