Whistleblowing tractor operative awarded £94,838 after being sent home and dismissed
A tractor operative who reported unsafe equipment to the Environment Agency and his employer was subjected to detriment and dismissed. The tribunal awarded him £94,838.50 for injury to feelings, unpaid wages, and the employer's failure to provide written particulars.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant made protected disclosures to the Environment Agency and the respondent about unsafe equipment.
- The claimant was sent home on 4 May 2020 after damaging a tractor and was dismissed on 2 July 2020.
- The respondent failed to pay the claimant's wages for April and May 2020 and did not provide holiday pay.
- The claimant succeeded in his whistleblowing detriment claim but failed in his automatic unfair dismissal claim.
- The respondent was ordered to pay £94,838.50 in total compensation including injury to feelings and an uplift for failure to provide written particulars.
Timeline
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Verbal report to Environment Agency
The claimant reported unsafe tractors and equipment to the Environment Agency.
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Written report to respondent
The claimant submitted a written report to the respondent about unsafe equipment.
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Incident and suspension
The claimant damaged a tractor while mowing. He was instructed to leave site and go home. He remained suspended until dismissal.
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Incident report submitted
The claimant submitted a further report/statement to the respondent about the incident.
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Dismissal
Mr Masters told the claimant he was 'finished' and would not be coming back.
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Claim presented
The claimant presented his claim to the Employment Tribunal.
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Preliminary hearing
Employment Judge Bloom refused the respondent's application to extend time for filing a response and determined worker status.
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Substantive hearing (day 1)
The tribunal heard evidence and submissions on the claimant's complaints.
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Substantive hearing (day 2)
The tribunal concluded the hearing and gave oral judgment.
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Remedy hearing
The tribunal determined the final remedy award of £94,838.50.
The legal issue
The tribunal had to decide whether the claimant made protected disclosures about unsafe equipment, whether he suffered detriment and dismissal because of those disclosures, and whether he was an employee or worker for the purposes of his claims.
The outcome
The tribunal upheld the claimant's whistleblowing detriment claim but dismissed his automatic unfair dismissal claim. The respondent was ordered to pay a total of £94,838.50 in compensation, including:
- Injury to feelings: £25,000
- Unpaid wages and holiday pay: £6,500
- Failure to provide written particulars: £3,338.50
- Other losses (including future loss and pension): £60,000
Lessons & takeaways
- Making a protected disclosure to a regulator (like the Environment Agency) can give you strong legal protection against retaliation.
- Employers must not treat workers unfavourably because of whistleblowing – even if the worker is not an employee, they can still claim detriment.
- Failing to pay wages or provide written particulars can lead to significant additional compensation.
- Keep records of any reports about safety concerns – written evidence of protected disclosures is crucial.
What this case shows
A tractor operative with just one year's service reported unsafe tractors and equipment to the Environment Agency and then to his employer. Shortly after, he damaged a tractor while mowing and was sent home. Two months later, he was dismissed. The tribunal found that the employer had subjected him to detriment because of his whistleblowing – but stopped short of finding the dismissal itself was automatically unfair.
What the employer did wrong
The CGM Group (East Anglia) Limited failed to pay the operative's wages for April and May 2020, did not provide holiday pay, and did not give him a written statement of employment particulars. These failures added thousands to the compensation bill. The tribunal also noted that the employer's handling of the dismissal was flawed, though not enough to make it automatically unfair.
Why the result matters
This case is a reminder that whistleblowing protection extends to workers, not just employees. Even if a dismissal claim fails, the detriment claim can succeed if the employer's actions were influenced by the protected disclosure. The substantial award – nearly £95,000 – reflects the seriousness with which tribunals treat retaliation against whistleblowers, especially when combined with basic employment rights breaches like unpaid wages.
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