Employment4 min read28 April 2026

I Was Sacked After Reporting My Employer to the HSE — Is That Protected Disclosure?

Based on: Cavendish Munro Professional Risks Management v Geduld [2010] ICR 325 (EAT) · View judgment

The Scenario

An employee reports to the HSE that their employer is breaching fire safety regulations and allowing employees to work with hazardous substances without proper training. They are dismissed six weeks later, ostensibly for "poor performance."

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I worked in a warehouse for about 18 months. About two months ago, I reported my employer to the Health and Safety Executive because they were ignoring serious fire safety breaches and making staff handle chemicals without any training or proper protective equipment. Six weeks after I made the report, I was called in and told I was being dismissed for "poor performance." My performance had never been an issue before — I had a good appraisal just two months earlier. I believe I was sacked because I contacted the HSE.

Case Buddy

Thank you for explaining this. What you have described — reporting serious health and safety concerns to a regulator and then being dismissed shortly afterwards — is exactly the kind of situation that whistleblowing protection is designed for. To help me understand your position: when you reported to the HSE, did you do so in writing (email or letter) or by telephone? And did you tell your employer that you had made the report, or did they find out some other way?

You

I used the HSE online reporting form, so it was in writing. I did not tell my employer directly that I had reported them, but the HSE contacted the company about a week later and my employer figured out it was me who had made the complaint.

Case Buddy

Here is the legal position: **What is a protected disclosure?** Under the Public Interest Disclosure Act 1998 (now incorporated into the Employment Rights Act 1996), a "protected disclosure" is a qualifying disclosure made in the public interest to a prescribed person or body. A qualifying disclosure is information that the worker reasonably believes tends to show one or more of the specified categories of wrongdoing, including: - **A criminal offence** - **A failure to comply with a legal obligation** — this covers breach of health and safety legislation - **Danger to health and safety of any individual** The HSE is a **prescribed person** under the Public Interest Disclosure (Prescribed Persons) Order 2014 for health and safety at work matters. Reporting to a prescribed person is a protected disclosure, provided the worker reasonably believes the information is substantially true. **Your report:** Reporting fire safety breaches and failure to provide chemical handling training to the HSE: - Involves a failure to comply with legal obligations (Health and Safety at Work Act 1974, COSHH Regulations 2002) - Involves a danger to the health and safety of employees - Was made to a prescribed person (the HSE) This almost certainly qualifies as a protected disclosure. **What protection do you have?** Under Section 103A of the Employment Rights Act 1996, it is automatically unfair to dismiss an employee because they have made a protected disclosure. Crucially: - There is **no qualifying period** for this type of unfair dismissal claim — you do not need two years’ service - Compensation is **uncapped** - The burden shifts to the employer to show the real reason for dismissal once you establish that a protected disclosure was made and the dismissal followed it The timing here (six weeks between the HSE being notified and your dismissal, with no prior performance concerns) is strong circumstantial evidence of retaliation. **Time limit:** Contact ACAS for Early Conciliation within 3 months less one day of your dismissal date. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

•A report to the HSE about health and safety breaches is a protected disclosure under PIDA 1998 (now ERA 1996 s.43A–43L) if the worker reasonably believes it tends to show a failure to comply with a legal obligation or a danger to health and safety.
•The HSE is a prescribed person under the Public Interest Disclosure (Prescribed Persons) Order 2014.
•Dismissal for making a protected disclosure is automatically unfair under s.103A ERA 1996.
•No qualifying service period is required and compensation is uncapped for automatically unfair dismissal on whistleblowing grounds.

What the Court Decided

Under PIDA 1998 and ERA 1996 s.103A, dismissal for making a protected disclosure to the HSE is automatically unfair with no qualifying period and uncapped compensation. The EAT in Cavendish Munro confirmed that information about legal non-compliance qualifies even where it was not framed in legalistic terms, provided the worker reasonably believed it showed a relevant failure.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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