Mr J Priest v Car Perfection Carcare Ltd — 2023

Mr Priest worked for Car Perfection Carcare Ltd from 1 September 2016 as a car body repairer. The tribunal found there had been intermittent problems with the workplace toilet facilities from January 2020. In January 2021 Mr Priest complained that the toilet would not flush and there was no water, and after returning from sick leave on 17 February 2021 he found the toilet still not working. He then raised the matter with the Health and Safety Executive and Wolverhampton City Council.

The Council visited on 18 February 2021. Later that day Mr Edge called Mr Priest and another employee into a meeting, told them to switch off their phones, and asked about the complaint. The main dispute was whether Mr Priest resigned or was dismissed. The tribunal preferred Mr Priest's evidence, found that Mr and Mrs Edge were raising their voices and were confrontational, and accepted that Mr Edge told Mr Priest he was sacked because he had reported the poor toilet facilities.

The tribunal rejected the respondent's case that Mr Priest had walked out and resigned. It noted the lack of any immediate follow-up contact, and the later letter of 22 February 2021 asking whether he intended to return and describing him as absent without authorisation. It held that Mr Priest had raised genuine health and safety concerns with both his employer and the relevant authorities, and that the dismissal was automatically unfair under s100 Employment Rights Act 1996. The claim succeeded and a remedy hearing was to be listed.