Tribunal Rules London Underground Cleaner Was Unfairly Dismissed Over Asbestos Concerns
A London Underground cleaner who raised concerns about exposure to asbestos and toxic dust has been vindicated after a tribunal ruled his dismissal was unfair. Micky Steeds, a former professional boxer from Essex, was sacked in August 2023 after whistleblowing about hazardous working conditions, including inadequate protective gear and improper disposal of hazardous waste. A judge-led tribunal found that his complaints constituted protected disclosures
under the Employment Rights Act 1996 and that his employer failed to treat them as such. The panel concluded that the principal reason
for his dismissal was his whistleblowing, not performance issues.
Workplace Conditions and Health Risks Exposed
Steeds’ role involved cleaning decades of dust from confined channels beneath London Underground stations, including lift shafts and vents. He frequently encountered thick layers of dirt that obscured his vision and, on one occasion, triggered fire alarms at Tottenham Court Road station. The tribunal heard that he was not provided with a proper protective mask for the first 15 months of his employment, often using paper masks that turned black with dust. He discovered the dust contained asbestos, chromium, arsenic, silicates, and iron oxide—substances linked to severe health risks. Steeds reported that he spent nearly two years cleaning asbestos-sheathed cables before receiving training on how to avoid disturbing the material. He also alleged that hazardous waste, including asbestos-laden dust, was improperly disposed of, with bags being dumped on train tracks to avoid carrying them. When the train goes by – boof – everyone is breathing that s**t in,
he said.
Legal and Institutional Response to the Ruling
The tribunal found that London Underground had fallen short of demonstrating compliance
with hazardous waste disposal protocols, noting the potential for criminal and civil liability. It also ruled that the company failed to address Steeds’ concerns as protected whistleblowing, instead giving him an unfair ultimatum
to retract his complaints or face dismissal. Steeds’ solicitor, Michael Ballantyne, described the case as a “stigma” faced by whistleblowers, stating that the employer “closed ranks” after he raised concerns. However, the tribunal’s findings highlighted systemic failures in both safety practices and handling of whistleblowing claims.
Broader Implications for Workers and Public Safety
Steeds’ case has drawn attention to the risks faced by workers in high-dust environments and the potential exposure of the public to hazardous materials. The tribunal noted that improper disposal of asbestos could endanger not only employees but also passengers. Asbestos, classified as a carcinogen, poses serious health risks when disturbed, including lung disease, cancer, and asbestosis. Steeds urged London Underground to prioritize the removal of asbestos from its infrastructure, stating, They’ve got to get rid of the asbestos somehow. It’s in the caulking, the cables, the fire doors.
He also criticized the company’s insistence that conditions were safe, saying, They weren’t just ignoring me, they were telling me I was wrong.
The case has been framed as a landmark victory for whistleblowers, with Ballantyne calling it a good lesson for employers
to take concerns seriously. As the debate over workplace safety continues, the tribunal’s ruling underscores the need for transparency and accountability in managing hazardous materials.
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