News

Tom Lake Case Success

Hunt Kidd Law Firm acted on behalf of Mr Tom Lake a former police constable in his successful claim to the Employment Tribunal following a three year legal battle against British Transport Police for unfair dismissal and detriment for whistle blowing in June 2002.

Mr Lake was a police constable in the British Transport Police Force. He was dismissed by a Police Disciplinary Board on 25th April 2005. The decision to dismiss him was upheld on review by the Chief Constable on 30th June 2005 and by a further appeal to the Police Appeal Tribunal on 17th May 2006.

On 13th December 2001 Mr Lake was with PC Ronald on the central railway station in Newcastle when PC Ronald reached into her pocket and took out what appeared to be a piece of bone informing Mr Lake that it was from a fatality which another officer, Sgt Haggart had given to her as a trophy of that incident.

On the evidence before the Tribunal they were satisfied that the conversation between Mr Lake and PC Ronald had occurred. They accepted that Mr Lake was distressed and worried about that matter and that he did not know what to do. They further accepted that Mr Lake was concerned about repercussions from his colleagues if he was not believed. For the sake of his health and to enable others to deal with the matter, he had therefore disclosed this incident to his federation representative.

Following investigations, the Crown Prosecution Service confirmed its decision not to prosecute any officer and the Deputy Chief Constable confirmed that no disciplinary action was to be taken. But upon complaints by Sgt Haggart and PC Ronald in relation to Mr Lakes allegations a disciplinary investigation was carried out. At the conclusion of that process it was recommendation that no disciplinary action should be taken against Mr Lake, that he was a whistleblower and that he should not be penalised as such.

It therefore puzzled the Tribunal why the Force then decided to change its policy and direction some months later and commence further disciplinary investigations (which included the service of 17 misconduct notices) against Mr Lake. Disciplinary proceedings then followed resulting in Mr Lake’s dismissal ending almost 20 years service within the Force.

The Tribunal found that the decision to undertake the further investigation; the way that the investigation was conducted and the subsequent decision to dismiss Mr Lake raised a prima facie case of victimisation. They did not accept the Force’s alternative reasoning put forward for Mr Lakes dismissal and instead found it proper to infer that the true motivation for the disciplinary process and the dismissal was the making of the protected disclosure and the consequences flowing from them.

His solicitor commented: “We are delighted with the result. Mr Lake has travelled a long and difficult path. There were gruesome aspects to this case which Mr Lake struggled to come to terms with. In a culture which did not welcome or support the reporting of colleague’s wrongdoings he was nevertheless prepared to stand up and be counted. Unfortunately he suffered the consequences of that action.

“This case draws attention to the failure of the British Transport Police to protect and encourage whistleblowers within the force. Even more startling is that it demonstrates that high ranking officers are prepared to victimise those who do.”

Mr Lake has said that “There are no winners in cases such as this. The past three years have been very stressful. I am really pleased with the decision of the Tribunal and it is now time for me to rebuild my life.”