Environmental whistleblower unfairly dismissed

On 7 August 2008, the Sheffield Employment Tribunal decided that an employee who had been dismissed for gross misconduct had made a protected disclosure (whistleblowing on what he believed to be environmental non-compliance by his employer) and his dismissal was therefore automatically unfair.

The Respondent waste company employed the Claimant to supervise collections of paper and other materials for recycling on behalf of local authorities. The Claimant had notified one of the local authority customers of what he believed to be the unlawful burying of recyclable paper at the Respondent's depot (although the Respondent claimed the paper had been buried in a pit as a temporary measure to dry it out before removing it to landfill or recycling).

The case highlights the role of whistleblower legislation in environmental compliance and the benefit of clear whistleblowing policies and procedures.