Unfair Dismissal: Man Sues Balfour Beatty Over Whistleblowing

Unfair Dismissal: Man Sues Balfour Beatty Over Whistleblowing

A man who worked as a project manager at construction firm Balfour Beatty has
been given the go ahead to sue his former employer for .

Alan Dransfield, 59, was employed by the company for over four years
and raised concerns over in November 2008.  Two months after
, he was told the company wanted to
make him t. 

Mr. Dransfield appealed the decision and was put on leave for five months. 
His appeal was ultimately dismissed, however, and he became officially  in June 2009.

Mr. Dransfield has now launched a claim for  under the .  At a case
management meeting on 27 October, a judge gave him permission to pursue a claim
worth up to £300,000, which reflects his anticipated loss of earnings.

A spokesperson for Balfour Beatty commented: “Balfour Beatty takes
whistleblowing cases very seriously and investigates each one following the
processes we have in place.”

What is whistleblowing?

If you believe your employer is guilty of malpractice or serious wrongdoing,
the law permits ‘blowing whistle’ on the behaviour and protects you against
being dismissed or penalised for doing so.

You are protected as a whistleblower if you make a disclosure in the public
interest (a Public Interest Disclosure) and you:

  • are a ‘worker';

  • believe that malpractice in the workplace is happening, has happened in the
    past or will happen in the future;

  • reveal information of the right type (a ‘qualifying disclosure’); &
  • reveal it to the right person, and in the right way (making it a ‘protected
    disclosure’).

Read  for
more information.

What is unfair dismissal?

In the UK, dismissal can be unfair for a variety of reasons, i.e.:

Even though there is no length of service requirement for unfair dismissal
involving whistleblowing, claimants must still comply with strict time
limits
to file a claim.  Normally, a claim must be brought within three
months of the last day of employment
.

** Additional Information & Advice **

You can obtain further information about and  on .

Depending on the circumstances of your case, however, it may be better to .  You
can be in your area for free via solicitor
matching services, which can also help you to understand the best course of
action for your situation and whether you are ready to hire a solicitor.