Unsafe Materials and Dangerous Practices: Tube Whistleblower Wins Claim
London Underground “Fell Short Of Demonstrating Compliance on All Occasions”
London Central Employment Tribunal has found that a whistleblower, Mr Micky Steeds, made numerous protected disclosures about endangerment to health and safety and the environment in some of London’s busiest tube stations between 2020-2023, and that the evidence presented by London Underground Ltd (LUL) “fell short of demonstrating compliance on all occasions. The failure to dispose of hazardous waste appropriately may give rise to criminal and civil liability.”
Mr Steeds made disclosures regarding failed face fitting tests, illegal dumping of hazardous waste, and dangerous working practices which he believed exposed him, his colleagues, and users of the underground to asbestos and other toxic materials present in the underground system.
LUL then told him either to return to work, in what he was concerned were dangerous conditions, or be dismissed. The Tribunal found that Mr Steeds was unfairly dismissed because of these disclosures and was given an “unfair, and unjustifiable ultimatum” in 2023 to either return to work, or be dismissed.
Chevan Ilangaratne, Counsel for Mr Steeds in his Tribunal Hearing, said in closing submissions that the decision to dismiss Mr Steeds was exceptionally hasty and harsh. He forcefully argued that Mr Steeds had raised legitimate, public interest concerns relating to inadequate PPE and exposure to potentially hazardous materials onsite and had been treated badly by LUL as a result. Chevan said that the effect of this treatment was to silence Mr Steeds and thus invited the Tribunal to give him back his voice by upholding his claims.
The Tribunal said that even if the disclosures were not the principal reason for his dismissal, the “total failure of the respondent to follow its own procedure rendered it substantially and procedurally unfair.” Rather than engaging with the serious disclosures he was making, LUL dismissed him. The Tribunal called this the “antithesis of a fair approach”.
Mr Steeds said: “receiving the Judgement felt like a complete vindication of raising the serious safety concerns at London Underground. Navigating this process has been incredibly gruelling and exhausting. I’d like to thank my family for their support, my ex-colleague and friend Rob Donnan who lost his job as well for raising the same concerns, and my legal team. Despite severe retaliation and efforts to silence me, I am relieved the ET saw through London Underground’s tactics and held them accountable for their unlawful conduct. No worker with concerns should ever have to choose between protecting the public interest and their own livelihood.”
Michael Ballantyne, solicitor for Mr Steeds, said “This case is a reminder of the stigma whistleblowers still face. Mr Steeds was viewed as a troublemaker from the start and expected to fall in line. When he stood his ground, London Underground closed ranks and Mr Steeds was given an ultimatum – either retract his disclosures, or be fired. I’m glad to see the Tribunal agreed this was unreasonable and unjustified. This is an important win for whistleblowers and a good lesson for employers.”
The case will now proceed to a remedy hearing.
For enquiries, please contact:
By email: Michael Ballantyne – michaelballantyne@jamesandwest.co.uk
Spike Lacey – spikelacey@jamesandwest.co.uk
By Telephone: 02081857476