HGV driver with 15 years' service dismissed for aggressive conduct: whistleblowing claim fails
An HGV driver who alleged he was dismissed for whistleblowing about an unreported accident has lost his unfair dismissal claim. The tribunal found his aggressive behaviour towards managers was the real reason for dismissal.
1 min read · Last updated 18 May 2026
Case details
- #whistleblowing
- #riddor-report
- #health-and-safety
- #conduct-dismissal
- #final-written-warning
- #consipracy-allegations
Key facts
- The claimant was employed by DHL Services Limited from 25 August 2004 as an HGV driver on a contract servicing JD Wetherspoon premises.
- On 11 April 2017 the claimant injured his Achilles tendon at work; the respondent failed to report the accident to the HSE until 2 November 2018.
- The claimant raised concerns about the failure to report the accident to the HSE, which the tribunal accepted as a qualifying protected disclosure.
- The claimant was dismissed on 23 September 2019 for breach of the diversity and respect at work policy following an incident on 14 July 2019 where he shouted at a manager and referred to managers as liars.
- The tribunal found the claimant's behaviour was aggressive and intimidatory, and that the respondent had a genuine belief in the misconduct after a reasonable investigation.
- The tribunal dismissed all claims: whistleblowing detriment, ordinary unfair dismissal, and automatically unfair dismissal.
Timeline
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Employment started
Claimant began employment with DHL Services Limited as an HGV driver.
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Accident at work
Claimant injured his Achilles tendon while making a delivery to a public house. He continued working before returning to base and going to hospital.
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Return from sick leave
Claimant returned to work after sick leave, initially with reduced duties.
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Incident with Samantha Thorpe
Claimant asked for documents related to his personal injury claim; he was alleged to have acted in a threatening manner.
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Meeting with Lee Westgate
Claimant called Mr Westgate a liar during a meeting about OH referral and RIDDOR report; he was suspended.
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Disciplinary warning
Claimant received a written warning for intimidating/aggressive behaviour on 26 February and 23 April 2018.
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Second accident
Claimant strained his back at work and failed to report it properly.
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Final written warning
Claimant received a final written warning for breaching health and safety policy.
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Incident with Rebecca Dillon
Claimant shouted at Ms Dillon, recorded the meeting, and referred to managers as liars; he was suspended.
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Dismissal
Claimant was dismissed for breach of the diversity and respect at work policy, taking into account his live final written warning.
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Appeal dismissed
Appeal manager Stephen Gooding dismissed the claimant's appeal after an adjourned hearing.
The legal issue
The tribunal had to decide whether the claimant was dismissed because he made protected disclosures about a failure to report an accident, or because of his aggressive conduct towards managers.
The outcome
The tribunal dismissed all claims: whistleblowing detriment, ordinary unfair dismissal, and automatically unfair dismissal.
The key reasons were:
- The claimant had made a protected disclosure about the late reporting of his accident to the HSE, but the decision-makers who dismissed him were unaware of this disclosure.
- The dismissal was for misconduct – shouting at a manager and calling managers liars – which the employer genuinely believed had occurred after a reasonable investigation.
- The claimant had a live final written warning for similar behaviour, making dismissal a proportionate response.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- A protected disclosure does not automatically protect you from dismissal if your conduct is the real reason for the decision.
- Employers can fairly dismiss for misconduct even if you have previously raised health and safety concerns, provided the decision-makers are unaware of those concerns.
- Aggressive or intimidatory behaviour, especially when you already have a final written warning, significantly weakens any whistleblowing claim.
- If you are representing yourself, ensure you apply for witness orders well in advance – the tribunal will not grant them at the last minute without good reason.
This case shows that even a long-serving employee who has raised legitimate health and safety concerns can be fairly dismissed if their conduct crosses the line into aggression. The claimant, an HGV driver with 15 years' service, had reported that his employer failed to report his accident to the Health and Safety Executive – a protected disclosure. But the tribunal found that the managers who decided to dismiss him were not aware of that disclosure.
What went wrong for the claimant
The claimant's behaviour in a meeting on 14 July 2019 was the trigger. He shouted at a manager and repeatedly called managers liars. This was not the first time – he had a final written warning for similar conduct. The employer's investigation was thorough, and the appeal manager upheld the decision. The tribunal concluded that the dismissal was for misconduct, not whistleblowing, and that the employer acted reasonably.
The claimant also alleged that his phone and computer had been hacked by the employer, but provided no evidence. The tribunal noted that he had not made proper applications for witness orders, which weakened his case.
What the employer did right
DHL Services Limited followed a clear disciplinary process, gave the claimant a chance to respond, and considered his length of service. The appeal was conducted by a different manager who had not been involved in the original decision. The tribunal praised the investigation as reasonable.
Why this matters
For employees, this case is a reminder that raising a whistleblowing concern does not give you carte blanche to behave aggressively. For employers, it confirms that a fair process and a genuine belief in misconduct can defeat a whistleblowing claim, even when the employee has a strong disclosure on their side.
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