What You Can Learn From the £66k Incompetent Boss Tribunal Case

The employer believed they had a reasonable case.

The tribunal disagreed.

And from January 2027, cases like this are about to become considerably more expensive. Here is what happened and what it means for your business.

Labelled obstructive and unsupportive

Andrew Estcourt was a chief engineer who repeatedly raised concerns that his new manager did not have the engineering competence the role required.

Rather than taking those concerns seriously, the business labelled him obstructive and unsupportive.

When the client asked for him to be removed from the project, the employer agreed and Estcourt was subsequently dismissed.

The tribunal found that the dismissal was automatically unfair on whistleblowing grounds and awarded £66,295 plus £1,800 in costs. The HR team were specifically criticised for showing complete disregard for fair process.

What the employer got wrong

There were several problems here, but a few stand out.

First, the employer used SOSR, or some other substantial reason, as the basis for dismissal. SOSR is a legitimate reason for dismissal in the right circumstances, but it requires substantial, evidenced justification. It is not a catch all you can reach for when a situation becomes awkward. Using it without proper investigation or clear evidence leaves you seriously exposed.

Second, the employer assumed that a client requesting someone's removal was enough to justify dismissal. It is not. A client asking you to take someone off a project does not automatically give you a fair reason to end their employment. You still need to investigate, consider alternatives and follow a proper process.

Third, and most critically, Estcourt's concerns about his manager's competence were not just complaints. They were protected disclosures under whistleblowing law. When an employee raises concerns that touch on health, safety or legal compliance, that can qualify as a protected disclosure. Dismissing someone for making one is automatically unfair, regardless of how the process looked on paper.

Finally, the grievance process and the dismissal process were running in parallel, with the same decision makers involved in both. That is a serious impartiality problem and one that tribunals take a very dim view of.

The practical lessons for your business

Whether you have two employees or two hundred, the same principles apply.

When an employee raises a concern, take it seriously and investigate it properly before you take any other action.

If a client asks you to remove an employee from a project, treat that as a commercial decision that needs careful handling. It does not automatically translate into a dismissal, and treating it as if it does will cost you.

Keep your processes separate. If someone has raised a grievance, the person handling that grievance should not be the same person making decisions about their employment.

And if you are going to rely on SOSR as a reason for dismissal, make absolutely sure you can evidence it properly.

Why this matters even more from January 2027

The unfair dismissal compensation cap is being removed from January 2027.

At the moment there is a statutory cap on how much a tribunal can award in most unfair dismissal cases. From next year, that cap disappears entirely.

Cases like this one, which are already expensive, will become significantly more costly. The financial consequences of getting a dismissal wrong are about to increase substantially.



How we can help

Are you dealing with a difficult employee situation right now? A client complaint, a performance concern or someone raising issues about a colleague or manager?

If so, it is worth getting proper advice before you act. Situations like these are exactly where businesses expose themselves without realising it, and the cost of getting it wrong is only going up.

An experienced HR consultant can help you work through the situation properly and make sure any decision you take is fair, evidenced and defensible.

Get in touch if you would like to talk something through. We are happy to help.

📞 0161 757 7576
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