A worker who raised safety concerns was judged to have been unfairly dismissed by Morrison Energy Services
A utilities engineer forced to seek employment in another sector after raising safety issues at work was awarded £66,000
The employee, who was initially a temporary works manager and then chief engineer, was involved in designing the engineering of excavations to replace gas mains in north London.
Employed initially by Skanska in 2011, he joined a joint venture with Morrison Utility Services in 2013 to carry out work, initially for the National Grid and then Cadent.
He was transferred to Morrison Energy Services in April 2021 after Skanska did not bid for a contract renewal.
The employee, referred to in legal documents only as Mr A Estcourt, repeatedly raised concerns with Morrison that they had assigned a worker who lacked the necessary competence to a role alongside him.
That worker was a health and safety specialist, not an engineer, and was not qualified to act as a designated individual under the code of practice in accordance with the Construction (Design and Management) Regulations and the Health and Safety at Work Act.
Estcourt also raised concerns after calculating that the design of the proposed site hoardings would not be safe for staff or the public if used on an upcoming project.
On 21 April 2021, Morrison’s HR business partner, Glenn Haylett, told him he was being removed from the contract and suspended on full pay.
This followed Cadent asking the firm to remove him from the contract because he was “obstructive in his behaviours and unsupportive regarding operations”.
He was told in June that he was on a dismissal process for “some other substantial reason” and formally dismissed in September 2021.
In December 2024, an employment tribunal found Morrison Energy Services had unfairly dismissed Estcourt after trying to make protected disclosures.
Employment judge Sally Cowen said in a judgment at Watford Tribunal Hearing Centre that it was “disappointing ” that the company’s HR witnesses appeared to lack knowledge and disregard fair process.
Judge Cowen said Morrison must pay Estcourt just over £66,000. The amount awarded was based on factors including loss of earnings, pension contribution and share award.