Mr M Filipinski v London Tower Crane Hire and Sales Limited — 2023

The Claimant was employed as a tower crane operator from 24 July 2007 until he resigned on 5 August 2020, with his last day at work on 12 June 2020. The tribunal found that his removal from the Stamford Hill site on 12 June 2020, followed by a lack of explanation, investigation, reassurance, and support from the Respondent, amounted to a fundamental breach of the implied term of mutual trust and confidence. It held that he had been constructively dismissed and that the dismissal was unfair under section 98(4) ERA 1996 because the Respondent identified no fair reason for dismissal. Remedy for the unfair dismissal was left to a later remedy hearing listed for 16 June 2023.

The unlawful deduction from wages claim succeeded. The tribunal found that, during the initial Covid-19 lockdown, the Claimant’s hourly rate was temporarily reduced from £18.50 to £15.73 without the tribunal being satisfied that he knew of or agreed to the change. It awarded £400 gross, payable within 21 days and subject to the usual deductions for tax and national insurance.

The whistleblowing detriment claim failed. The tribunal accepted that the Claimant had made qualifying protected disclosures in the public interest, including reports of water in crane bases, anti-collision systems being switched off, and water entering the crane cab through a faulty seal. However, it held that the Claimant had not shown that the alleged detriments were done on the ground of those disclosures. In particular, it found that the removal from Stamford Hill on 12 June 2020 was because the client insisted that he be taken off site, and that some of the matters relied on were not acts or omissions by the Respondent.