Whistleblowing sign erector wins unfair dismissal claim against First Signs Ltd

A short service, a big risk

This case shows that whistleblowing protection is one of the strongest rights an employee has — and it applies from day one. The sign erector had worked for First Signs Ltd for just over seven months when he told his employer that company vehicles were not roadworthy. That disclosure, made in the public interest for the safety of other road users, triggered a chain of events that led to his dismissal.

Instead of investigating the road safety concerns, the company suspended the sign erector without pay and then dismissed him for gross misconduct. The tribunal found that the employer did not have a reasonable belief in the misconduct because it had not carried out a reasonable investigation. The real reason for the dismissal was the protected disclosure, making it automatically unfair.

What the employer could have done differently

First Signs Ltd could have avoided liability by taking the disclosure seriously and investigating it properly. Even if the company believed the sign erector had committed misconduct, it should have carried out a fair process — including giving him a chance to respond and considering whether suspension without pay was appropriate. The failure to pay wages during suspension, notice pay, and holiday pay added to the compensation bill.

Why this matters for similar claims

This case is a reminder that whistleblowing claims do not require two years' service. Any employee who makes a protected disclosure about a legal obligation — such as roadworthiness, health and safety, or environmental issues — is protected from dismissal. The compensation here included a substantial award for loss of earnings, even though the sign erector had found a new job as a caretaker. The tribunal allowed for a delay in starting the new job due to safety checks, ensuring the claimant was not left out of pocket.