Employment Tribunal Delivers Landmark Ruling on Workplace Criticism
An employment tribunal has delivered a significant ruling that repeatedly informing a manager they lack competence does not constitute a sackable offence. The decision follows a case brought by Andrew Estcourt, an engineering worker who was dismissed after expressing serious doubts about his new boss's professional qualifications and ability to perform the role.
Background of the Engineering Dispute
Andrew Estcourt began his employment with construction firm Skanska in 2011 before transitioning to a joint venture with Morrison Energy Services. His work primarily involved contracts with National Grid and Cadent, where he ultimately achieved the position of chief engineer in 2018. His responsibilities centred on designing engineering solutions for excavations necessary to replace gas mains across North London.
In November 2020, Estcourt was assigned to a project under the management of James Irving, a safety specialist who lacked formal engineering qualifications. Despite reassurances about an appropriate selection process, Estcourt remained unconvinced about Irving's capability to fulfil the engineering role effectively.
Escalation of Professional Concerns
The situation escalated in January 2021 when Estcourt directly confronted Irving during a Teams meeting with colleagues, stating he did not believe the manager was competent for the position. Irving defended his appointment, emphasising his awareness of health and safety aspects. However, between January and April 2021, Estcourt repeatedly expressed his concerns both in person and via email, maintaining that Irving was not qualified for the engineering role.
Estcourt, who had been transferred onto the project under protest and was now directly managed by Irving, also emailed the company's executive director with his concerns but received no response. Later that month, Morrison Energy Services received correspondence from client Cadent Gas requesting Estcourt's immediate removal from the contract, citing obstructive and unsupportive behaviour.
Dismissal and Tribunal Proceedings
The following day, Estcourt was dismissed from the project and suspended on full pay. He promptly challenged the decision through HR and later raised a formal grievance against the company, which was subsequently dismissed. This prompted him to begin searching for alternative employment while taking his case to the Watford employment tribunal.
Employment Judge Sally Cowen presided over the case, where Estcourt detailed how the dismissal left him feeling humiliated and damaged his professional reputation within the sector. He described becoming socially withdrawn, distracted, and irritable, eventually receiving a hypertension diagnosis in 2022.
Tribunal Findings and Compensation Award
The tribunal concluded that Morrison Energy Services failed to follow a fair and reasonable process, noting the company should have verified whether Cadent's removal request was reasonable before considering redeployment or dismissal. Judge Cowen emphasised that Estcourt was considered an exemplary employee and that the company was aware they lacked justifiable reasons for his dismissal.
Crucially, the tribunal determined that Estcourt's repeated criticisms constituted protected disclosures rather than misconduct. His claim of unfair dismissal was successful, resulting in an award of £66,295 in compensation plus £1,800 for legal costs. The ruling establishes that employees raising genuine concerns about managerial competence are protected from dismissal when those concerns represent protected disclosures under employment law.
This case highlights the delicate balance between maintaining workplace harmony and protecting employees' rights to raise legitimate professional concerns about managerial competence and qualifications.
