Whistleblowing claim over covid safety fails: tribunal finds employer's actions were about cryptocurrency miners

When whistleblowing and misconduct collide

This case shows the difficulty of proving that an employer's actions were motivated by a protected disclosure rather than by other legitimate concerns. The claimant, a mechanical technician with 18 months' service, raised covid-19 safety concerns in July 2020. Shortly after, the employer discovered that cryptocurrency miners had been set up on site, and the claimant's personal property was found in a store. He was asked to stay home while an investigation took place, and later resigned claiming constructive dismissal.

The tribunal accepted that the claimant's email about covid-19 safety was a protected disclosure. However, it found that the employer's investigation and suspension were driven by the discovery of the miners, not by the disclosure. The claimant's whistleblowing claim therefore failed.

What the employer did right

The United Kingdom Atomic Energy Authority had received an anonymous email about cryptocurrency miners before the claimant raised his safety concerns. When they investigated, they found the claimant's property in the store. The tribunal accepted that the employer's actions were a proportionate response to potential misconduct. The claimant's resignation was not a constructive dismissal because the employer had not breached the implied term of trust and confidence.

What this means for similar claims

Whistleblowing claims require a causal link between the disclosure and the detriment. If an employer can show that its actions were based on other grounds—such as suspected misconduct—the claim will fail. Employees who raise concerns should be aware that their employer may still take action against them for unrelated issues. Keeping clear records and seeking legal advice early can help establish whether the employer's actions are genuinely linked to the disclosure.