Boiler engineer dismissed during probation: whistleblowing claim fails but wage deduction succeeds
A tribunal found that a boiler installation engineer with only two months' service was not automatically unfairly dismissed for raising health and safety concerns, but was owed £40 in unpaid wages.
1 min read · Last updated 18 May 2026
Case details
- #health-and-safety
- #probationary-period
- #customer-complaints
- #poor-workmanship
- #unauthorised-deduction
- #unit-pay
Key facts
- The claimant was employed as a boiler installation engineer from 1 March 2019 to 16 April 2019.
- On 12 April 2019, the claimant telephoned the managing director and said 'I've health and safety issues' but provided no further details.
- The claimant was dismissed at a probationary review meeting on 26 April 2019 due to poor workmanship, customer complaints, and conduct.
- The respondent paid the claimant £160 per unit instead of the agreed £180 for 14 units, and only corrected 12 of them.
- The tribunal found the claimant did not make a protected disclosure because he did not convey specific information.
- The claimant was awarded £40 for the remaining underpayment.
Timeline
-
Offer letter sent
The respondent sent a formal offer letter to the claimant with terms including £180 per unit.
-
Induction day
The claimant attended induction and signed his contract of employment, which included a probationary period of six months.
-
First job started
The claimant began work at a property in Aylesbury, encountering issues with scaffolding and lack of assistance.
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Phone call to managing director
The claimant called Mr Greenfield and said he had health and safety issues, but no specific details were given.
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Last day of work
The claimant completed his final job in Bexleyheath.
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Probationary review meeting and dismissal
The claimant was informed he had failed his probation due to customer complaints and was dismissed with immediate effect.
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Claimant's grievance letter
The claimant wrote to Mr Greenfield raising issues about wages, health and safety, and tools left in the van.
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Respondent's response to grievance
Ms Thornton responded, acknowledging a £40 underpayment and offering holiday pay, but denying other claims.
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Tribunal hearing begins
The substantive hearing took place over three days at Watford Employment Tribunal.
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Judgment issued
The tribunal dismissed the unfair dismissal claim but upheld the unlawful deduction claim for £40.
The legal issue
The tribunal had to decide whether the engineer's vague phone call about health and safety issues amounted to a protected disclosure, and whether his employer had unlawfully deducted wages by paying a lower rate per unit than agreed.
The outcome
The tribunal dismissed the unfair dismissal claim, finding that the engineer had not made a protected disclosure. The call to the managing director lacked specific information about any legal breach or danger. The principal reason for dismissal was poor performance during probation, not the call.
However, the tribunal upheld the claim for unauthorised deduction of wages. The engineer was paid £160 per unit instead of the agreed £180 for 2 of the 14 units he completed, resulting in a £40 underpayment.
- Compensation: £40 for unpaid wages (subject to tax and NI).
Lessons & takeaways
- To qualify as a protected disclosure, you must convey specific information about a legal breach or danger, not just a vague complaint.
- Employees with very short service (under two years) have limited unfair dismissal rights, but automatic unfair dismissal for whistleblowing has no service requirement.
- Keep clear records of pay agreements to support any future wage deduction claims.
- Employers should document performance issues during probation to justify dismissal decisions.
A short-lived job and a costly phone call
A boiler installation engineer who worked for just two months before being dismissed has learned a hard lesson about what counts as whistleblowing. The engineer claimed he was automatically unfairly dismissed after raising health and safety concerns with his employer, Glow Green Ltd. But the tribunal found that his vague phone call to the managing director — in which he simply said 'I've health and safety issues' — did not meet the legal test for a protected disclosure.
What went wrong for the claimant
The engineer had been on probation and had faced complaints about his workmanship. At a probationary review meeting, he was dismissed for poor performance. He argued that the real reason was his phone call four days earlier. However, the tribunal accepted the employer's evidence that the decision was based on customer complaints and conduct issues. The engineer also claimed he was underpaid, and here he had more success: the tribunal found he was owed £40 for two units where he was paid £160 instead of the agreed £180.
Why the result matters
This case highlights the importance of being specific when raising concerns. A general mention of 'health and safety issues' without details of what went wrong or how it breached the law is unlikely to be protected. For employees on probation, the risk of dismissal for performance reasons is high, and whistleblowing claims will fail if the employer can show a genuine non-discriminatory reason. The small wage award also shows that even minor underpayments can be challenged, but only if there is clear evidence of the agreed rate.
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