Car body repairer sacked for reporting lack of working toilet: automatic unfair dismissal
A car body repairer who reported his employer's broken toilet to the council was told he was sacked. The tribunal awarded him £32,738 for automatic unfair dismissal.
2 min read · Last updated 18 May 2026
Case details
- #health-and-safety-complaint
- #toilet-facilities
- #council-visit
- #s100-era
- #automatic-unfair-dismissal
Key facts
- Claimant worked as a car body repairer from 1 September 2016.
- Toilet facilities were intermittent and lacked hot water.
- Claimant reported toilet issues in January 2021 and later contacted the council.
- Council visited on 18 February 2021; claimant admitted he made the complaint.
- At a meeting, respondent told claimant he was sacked for reporting the issue.
- Claimant did not return to work and contacted ACAS that afternoon.
Timeline
-
Employment started
Claimant commenced employment as a Car Body Repairer.
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Toilet issues began
Intermittent problems with the toilet started.
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Claimant reported toilet issues
Claimant reported that the toilet would not flush and had no water.
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Claimant returned from sick leave
Claimant returned to work and found toilet still not working; discussed with Mr Edge.
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Council visit and dismissal
Council visited; claimant admitted complaint; at meeting, Mr Edge told claimant he was sacked.
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Claimant contacted ACAS
Claimant contacted ACAS that afternoon.
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Respondent sent letter
Respondent sent letter asking if claimant intended to return, treating absence as unauthorised.
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Claimant replied
Claimant replied stating he understood he had been dismissed.
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Liability hearing
Hearing on liability for unfair dismissal claim.
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Judgment on liability
Employment Judge Hindmarch found dismissal automatically unfair under s100 ERA.
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Remedy hearing
Hearing to determine remedy.
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Remedy judgment
Award of £32,738.17 made.
The legal issue
The tribunal had to decide whether the claimant was dismissed for raising health and safety concerns about the toilet facilities, which would make the dismissal automatically unfair under section 100 of the Employment Rights Act 1996.
The outcome
The tribunal upheld the claim of automatic unfair dismissal. The key reason was that the claimant was dismissed for reporting the lack of working toilet facilities to the council, which is a protected health and safety complaint.
Compensation:
- Total award: £32,738.17
- No breakdown provided in the facts
Lessons & takeaways
- Raising a genuine health and safety concern with your employer or an external body is a protected act – dismissal for doing so is automatically unfair.
- Even if an employer denies dismissing you and claims you resigned, the tribunal will look at all the circumstances, including what was said at the meeting.
- Contact ACAS promptly after a dismissal – it helps establish the timeline and that you did not resign.
- Small employers are not exempt from automatic unfair dismissal protections – the rules apply regardless of size.
What this case shows in practice
This case illustrates the strength of the legal protection for employees who raise health and safety concerns. The claimant, a car body repairer with over four years' service, had been dealing with intermittent toilet problems since early 2020. In January 2021 he reported that the toilet would not flush and had no water. After returning from sick leave, he found the issue unresolved and contacted the local council.
The council visited the next day. Shortly after, the director called the claimant into a meeting and, according to the claimant, told him he was sacked. The claimant did not return to work and contacted ACAS that same afternoon. The employer argued that the claimant had resigned, but the tribunal preferred the claimant's account, noting that he immediately sought legal advice and began the ACAS process.
What the losing side could have done differently
The employer could have avoided this outcome by taking the complaint seriously and fixing the toilet promptly. Instead, the director's reaction to the council visit – calling the claimant in and telling him he was sacked – was a clear breach of the law. Even if the employer genuinely believed the claimant had resigned, the lack of any written dismissal or proper process undermined that defence. The tribunal noted that the employer's witnesses gave inconsistent accounts, and the claimant's immediate contact with ACAS supported his version of events.
Why the result matters for similar claims
This case confirms that the protection for health and safety complaints under section 100 of the Employment Rights Act 1996 is robust. It applies regardless of the employer's size – Car Perfection Carcare Ltd had only four employees. The award of over £32,000 reflects the seriousness of the breach, even though the claimant had relatively short service. For employees, it shows that reporting unsafe working conditions to an external body like the council is a protected act, and any dismissal linked to that report will be automatically unfair, with no cap on compensation.
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