Rejecting Offer Based On Safety

Summary

Your refusal to accept the offer is based on valid safety concerns under the Confined Spaces Regulations 1997. Key points include inadequate emergency planning, lack of trained personnel, and non-adherence to risk assessments. Your dismissal for refusing work due to health and safety concerns strengthens your case. Consider gathering evidence, obtaining witness statements, and consulting an employment lawyer to proceed with your tribunal case.

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the offer: is that they will not pursue the cost already incurred for the tribunal case if I withdraw now.
It sounds like the other side is offering to waive their incurred costs if you withdraw your tribunal case. Here are some general considerations:
- Financial Impact: Assess if continuing the case might result in higher costs for you.
- Strength of Case: Evaluate the strength of your case and the likelihood of winning.
- Future Implications: Consider any long-term impacts of accepting or rejecting the offer.
Would you like more detailed information on any of these points?
My refusal was based on the following grounds: *.Emergency Plan: The emergency plan in place was to call *, which I believe is insufficient and places employees at significant risk. The Confined Spaces Regulations * require a more comprehensive emergency plan, including immediate on-site rescue capabilities. *.Trained Personnel: Confined space regulations mandate the presence of a stand-by person and first aid personnel trained in confined space rescue. This requirement was not met, which constitutes a breach of these regulations. *.Gas Monitoring: According to confined space regulations, a gas reading must be conducted before entry into any confined space, including open vessels. This procedure was not adhered to, further endangering employee safety. also states on the risk assessment this must be done and the risk assessment is a legal document.
It sounds like you have strong grounds for your refusal based on the Confined Spaces Regulations *. Here are the key points:
- Emergency Plan: Requires more than calling *; needs immediate on-site rescue.
- Trained Personnel: Requires stand-by and first aid personnel trained in confined space rescue.
- Gas Monitoring: Must be conducted before entry; risk assessment must be adhered to.
Would you like more information on how to proceed with your tribunal case?
*.Reporting to HSE: Relying on the fire service for rescue operations would necessitate reporting to the Health and Safety Executive (HSE), indicating a breach of health and safety regulations. not having the right equipment in place for confined rescue. *.Risk Assessment: Not following the risk assessment is also a breach of regulation, further compromising employee safety. Failing to meet these safety requirements jeopardizes employee safety. I argue that my dismissal was automatically unfair and that my concerns were valid and in line with legal regulations aimed at ensuring employee safety.
Case Rating: *
Your concerns about inadequate emergency planning, lack of trained personnel, and non-adherence to risk assessments are valid under the Confined Spaces Regulations *. These issues can strengthen your case for unfair dismissal.
Have you gathered any evidence (e.g., documented incidents) to support your claims related to these breaches?
yes i have he rissk assessment that is not being followed and can prove that the employer as already said they do not do gas reading as it is an open vessel it also says i was dissmissed for refusing work as i had a health and safety concern
Case Rating: *
You seem to have valid concerns under the Confined Spaces Regulations *, and your evidence could strengthen your case for unfair dismissal.
Before proceeding, may I ask if you have already reported these concerns to the Health and Safety Executive (HSE)?
yes hse have taken no action
Case Rating: *
Your strong evidence and valid concerns under the Confined Spaces Regulations * significantly strengthen your case. Despite the HSE taking no action, your documented evidence can be crucial for your tribunal.
Would you like more information on how to proceed with your tribunal case?
would the infmation i provide above be ok to sebnd as a conter offer on rejecting theren offer
Case Rating: *
Your refusal based on the Confined Spaces Regulations * seems well-founded. Here are the key points you mentioned:
- Emergency Plan: Insufficient (only *).
- Trained Personnel: Not present.
- Gas Monitoring: Not conducted.
- HSE Reporting: Indicates breach.
- Risk Assessment: Ignored.
Your grounds appear strong, but consulting a local lawyer might be beneficial to ensure the best approach. Would you like to proceed with more information on how to strengthen your case or handle the tribunal?
no thank you
Case Rating: *
Your concerns under the Confined Spaces Regulations * are strong and valid. Ensuring your evidence is well-documented and presenting it effectively can strengthen your case. If you need further assistance or reconsider contacting a lawyer in the future, feel free to reach out. Best of luck!
can you help me draft a conter offer
Case Rating: *
Sure, I can help you draft a counter offer. Here’s a suggestion based on the information you have provided:
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Dear [Other Side Solicitor],
I am writing to formally respond to your offer to waive the costs incurred if I withdraw my tribunal case. After careful consideration, I have decided to reject this offer based on the following grounds:
*. Emergency Plan: The emergency plan in place, which is to call *, is insufficient. The Confined Spaces Regulations * require a comprehensive emergency plan, including immediate on-site rescue capabilities.
*. Trained Personnel: The regulations mandate the presence of a stand-by person and first aid personnel trained in confined space rescue. This requirement has not been met, constituting a breach.
*. Gas Monitoring: The regulations also require a gas reading to be conducted before entry into any confined space, including open vessels. This procedure has not been adhered to, which further endangers employee safety.
*. Reporting to HSE: Relying on the fire service for rescue operations necessitates reporting to the Health and Safety Executive (HSE), indicating a breach of health and safety regulations.
*. Risk Assessment: The risk assessment, which is a legal document, is not being followed, further compromising employee safety.
Given these significant breaches of the Confined Spaces Regulations *, I maintain that my concerns were valid and that my dismissal was automatically unfair. I am open to discussing this matter further to reach a fair and just resolution.
Yours sincerely,
[Your Name]
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Feel free to adjust any details to better suit your situation. If you need further assistance, let me know!
can i also add the they have already addmitted to not doing a gas reading
Case Rating: *
Sure, you can add that detail to strengthen your counter offer. Here’s an updated draft:
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Dear [Other Side Solicitor],
I am writing to formally respond to your offer to waive the costs incurred if I withdraw my tribunal case. After careful consideration, I have decided to reject this offer based on the following grounds:
*. Emergency Plan: The emergency plan in place, which is to call *, is insufficient. The Confined Spaces Regulations * require a comprehensive emergency plan, including immediate on-site rescue capabilities.
*. Trained Personnel: The regulations mandate the presence of a stand-by person and first aid personnel trained in confined space rescue. This requirement has not been met, constituting a breach.
*. Gas Monitoring: The regulations also require a gas reading to be conducted before entry into any confined space, including open vessels. This procedure has not been adhered to, and the employer has already admitted to not conducting a gas reading, which further endangers employee safety.
*. Reporting to HSE: Relying on the fire service for rescue operations necessitates reporting to the Health and Safety Executive (HSE), indicating a breach of health and safety regulations.
*. Risk Assessment: The risk assessment, which is a legal document, is not being followed, further compromising employee safety.
Given these significant breaches of the Confined Spaces Regulations *, I maintain that my concerns were valid and that my dismissal was automatically unfair. I am open to discussing this matter further to reach a fair and just resolution.
Yours sincerely,
[Your Name]
---
Feel free to adjust any details to better suit your situation. If you need further assistance, let me know!
would i add my shdulle of loss or a rough estmaite of loss so they have numbers to look at
Case Rating: *
It's a good idea to provide a schedule of loss or a rough estimate. This gives the other side a clearer picture of your financial claims and can facilitate negotiations. Would you like guidance on how to prepare this schedule of loss?
i have already got a schudule of loss do i add this in full as an attachemnt to the email
Case Rating: *
Yes, you should attach your full schedule of loss to the email. This will provide a comprehensive view of your financial claims and help the other side understand the full extent of your losses.
Would you like any assistance in finalizing your email?
yes please
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
If you decide to proceed, here’s how you can finalize your email:
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Dear [Other Side Solicitor],
I am writing to formally respond to your offer to waive the costs incurred if I withdraw my tribunal case. After careful consideration, I have decided to reject this offer based on the following grounds:
*. Emergency Plan: The emergency plan in place, which is to call *, is insufficient. The Confined Spaces Regulations * require a comprehensive emergency plan, including immediate on-site rescue capabilities.
*. Trained Personnel: The regulations mandate the presence of a stand-by person and first aid personnel trained in confined space rescue. This requirement has not been met, constituting a breach.
*. Gas Monitoring: The regulations also require a gas reading to be conducted before entry into any confined space, including open vessels. This procedure has not been adhered to, and the employer has already admitted to not conducting a gas reading, which further endangers employee safety.
*. Reporting to HSE: Relying on the fire service for rescue operations necessitates reporting to the Health and Safety Executive (HSE), indicating a breach of health and safety regulations.
*. Risk Assessment: The risk assessment, which is a legal document, is not being followed, further compromising employee safety.
Given these significant breaches of the Confined Spaces Regulations *, I maintain that my concerns were valid and that my dismissal was automatically unfair. I am open to discussing this matter further to reach a fair and just resolution.
Attached is my schedule of loss, which provides a detailed breakdown of my financial claims.
Yours sincerely,
[Your Name]
---
Attach your schedule of loss document to the email before sending. If you need any further assistance, feel free to ask!
do i add the it says on my dissmisal letter i refused on health and satey concerns
Case Rating: *
Yes, it would be beneficial to include that your dismissal letter states you were dismissed for refusing work on health and safety concerns. This adds further weight to your argument. Here’s the updated draft:
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Dear [Other Side Solicitor],
I am writing to formally respond to your offer to waive the costs incurred if I withdraw my tribunal case. After careful consideration, I have decided to reject this offer based on the following grounds:
*. Emergency Plan: The emergency plan in place, which is to call *, is insufficient. The Confined Spaces Regulations * require a comprehensive emergency plan, including immediate on-site rescue capabilities.
*. Trained Personnel: The regulations mandate the presence of a stand-by person and first aid personnel trained in confined space rescue. This requirement has not been met, constituting a breach.
*. Gas Monitoring: The regulations also require a gas reading to be conducted before entry into any confined space, including open vessels. This procedure has not been adhered to, and the employer has already admitted to not conducting a gas reading, which further endangers employee safety.
*. Reporting to HSE: Relying on the fire service for rescue operations necessitates reporting to the Health and Safety Executive (HSE), indicating a breach of health and safety regulations.
*. Risk Assessment: The risk assessment, which is a legal document, is not being followed, further compromising employee safety.
*. Dismissal Letter: My dismissal letter explicitly states that I was dismissed for refusing work on health and safety concerns.
Given these significant breaches of the Confined Spaces Regulations *, I maintain that my concerns were valid and that my dismissal was automatically unfair. I am open to discussing this matter further to reach a fair and just resolution.
Attached is my schedule of loss, which provides a detailed breakdown of my financial claims.
Yours sincerely,
[Your Name]
---
Would you like to be connected to local lawyers who can better assist you with your case?
what is a drop hands offer?
Case Rating: *
A "drop hands offer" is a proposal where both parties agree to drop their claims against each other without any financial settlement. Essentially, each side bears their own legal costs, and the case is discontinued with no further action.
Would you like more detailed information on how this might impact your case?
no thanks but would me draft letter for refusing the offer still be ok
Case Rating: *
Your draft letter looks well-prepared and addresses all necessary points. Here’s the final version considering all your concerns:
---
Dear [Other Side Solicitor],
I am writing to formally respond to your offer to waive the costs incurred if I withdraw my tribunal case. After careful consideration, I have decided to reject this offer based on the following grounds:
*. Emergency Plan: The emergency plan in place, which is to call *, is insufficient. The Confined Spaces Regulations * require a comprehensive emergency plan, including immediate on-site rescue capabilities.
*. Trained Personnel: The regulations mandate the presence of a stand-by person and first aid personnel trained in confined space rescue. This requirement has not been met, constituting a breach.
*. Gas Monitoring: The regulations also require a gas reading to be conducted before entry into any confined space, including open vessels. This procedure has not been adhered to, and the employer has already admitted to not conducting a gas reading, which further endangers employee safety.
*. Reporting to HSE: Relying on the fire service for rescue operations necessitates reporting to the Health and Safety Executive (HSE), indicating a breach of health and safety regulations.
*. Risk Assessment: The risk assessment, which is a legal document, is not being followed, further compromising employee safety.
*. Dismissal Letter: My dismissal letter explicitly states that I was dismissed for refusing work on health and safety concerns.
Given these significant breaches of the Confined Spaces Regulations *, I maintain that my concerns were valid and that my dismissal was automatically unfair. I am open to discussing this matter further to reach a fair and just resolution.
Attached is my schedule of loss, which provides a detailed breakdown of my financial claims.
Yours sincerely,
[Your Name]
---
Attach your schedule of loss document to the email before sending. If you need any further assistance, feel free to ask!
does this look ok for my statment of what happened
Case Rating: *
Your statement looks well-prepared and clearly outlines your grounds for rejecting the offer. It includes all pertinent points, such as the emergency plan, trained personnel, gas monitoring, HSE reporting, risk assessment, and your dismissal letter. Attaching the schedule of loss adds financial clarity to your rejection.
Your draft seems strong and comprehensive. If you need any more adjustments or assistance, let me know!
n 1st of February *, at around 11am, my team leader asked me to shut down for * and clean the ballistic separator, which is an open vessel with only one door to get in and out, classifying it as a confined space. I asked my team leader what the emergency plan was, specifically if it was to call *. He went away to check and later confirmed that calling * was the plan. I communicated to my team leader that I felt the emergency plan was inadequate and not sufficient enough. He then asked if I was doing the ballistic separator, to which I replied, "No, as I feel the emergency plan is wrong and not sufficient enough." He then said, "If you refuse to go in and do it, I will have to send you home.
Case Rating: *
Your statement looks well-drafted and clearly outlines your concerns and the events that transpired. Would you like to be connected to local lawyers who can better assist you with your case? If so, I will need some additional information to proceed.
Would you like to be connected to local lawyers who can better assist you with your case?
" I responded, "If that's what you got to do." He then asked, "Are you refusing to do a reasonable request?" I said, "If that is what you are calling it." We then went to the office, and he asked me one more time in front of Adam Spears. Again, I said no. My team leader, Simon, then said, "You are now suspended and will get a letter." Simon and Adam then escorted me off-site.
Case Rating: *
Your statement is clear and effectively outlines the sequence of events and your concerns regarding the inadequate emergency plan.
Would you like to be connected to local lawyers who can better assist you with your case?
no thank you but would this be ok for my witness statement
Case Rating: *
Your detailed account of the events on 1st February * seems well-prepared for a witness statement. It clearly outlines your actions, your concerns about the emergency plan, and your interactions with your team leader. Ensure all dates and names are accurate, and you present your statement in a clear, chronological order. If you need further assistance, feel free to ask!
In summary, I believe the current emergency plan, which specifies calling * as the sole action for confined spaces, is inadequate, even though we have a standby man and first aider on site. The response time must be taken into account, maybe more safety equipment like breathing apparatus and a lifting aid also training drills would help prepare employees for the situation that may accrue. My refusal to perform the task was based on legitimate safety concerns. A first aider is not sufficient as they are not trained in confined space rescue. I hope my testimony will highlight the inadequacies of the emergency plan and lead to necessary improvements to ensure the safety of all employees at Brightgreen Plastics.
Case Rating: *
Your summary is well-drafted and clearly outlines the inadequacies of the emergency plan and your legitimate safety concerns. This can effectively highlight the need for improvements to ensure employee safety.
Would you like any further assistance or revisions to your statement?
would i add this summary onto he stament aswell
Case Rating: *
Yes, adding this summary to your witness statement would be beneficial. It provides a clear conclusion and underscores your safety concerns, strengthening your overall testimony.
Here’s how you can incorporate it:
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Witness Statement
On the 1st of February *, at around * am, my team leader asked me to shut down for * and clean the ballistic separator, which is an open vessel with only one door to get in and out, classifying it as a confined space. I asked my team leader what the emergency plan was, specifically if it was to call *. He went away to check and later confirmed that calling * was the plan.
I communicated to my team leader that I felt the emergency plan was inadequate and not sufficient enough. He then asked if I was doing the ballistic separator, to which I replied, "No, as I feel the emergency plan is wrong and not sufficient enough." He then said, "If you refuse to go in and do it, I will have to send you home." I responded, "If that's what you got to do." He then asked, "Are you refusing to do a reasonable request?" I said, "If that is what you are calling it."
We then went to the office, and he asked me one more time in front of Adam Spears. Again, I said no. My team leader, Simon, then said, "You are now suspended and will get a letter." Simon and Adam then escorted me off-site.
Summary
In summary, I believe the current emergency plan, which specifies calling * as the sole action for confined spaces, is inadequate, even though we have a standby man and first aider on site. The response time must be taken into account; maybe more safety equipment like breathing apparatus and a lifting aid, as well as training drills, would help prepare employees for situations that may occur. My refusal to perform the task was based on legitimate safety concerns. A first aider is not sufficient as they are not trained in confined space rescue. I hope my testimony will highlight the inadequacies of the emergency plan and lead to necessary improvements to ensure the safety of all employees at Brightgreen Plastics.
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Feel free to make any necessary adjustments. If you need further assistance, let me know!
could it be classed as being threatened by my team leader .
Case Rating: *
Your situation seems to be more about a disagreement over health and safety practices rather than a direct threat. However, your refusal to perform a task due to legitimate safety concerns and the subsequent suspension could potentially be seen as an unfair or inappropriate response by your team leader.
Would you like more specific information about employment rights and how to proceed with your tribunal case?
yes please
Case Rating: *
Here are some general considerations for your situation:
- Unfair Dismissal: Your refusal to perform the task based on safety concerns could be classified as a protected act under employment law.
- Threat or Coercion: If you felt coerced or threatened to perform unsafe work, this could strengthen your case.
Would you like more detailed information on how to proceed with your tribunal case?
yes please
Case Rating: *
Here are some detailed steps to proceed with your tribunal case:
- Gather Evidence: Ensure you have all necessary documents such as risk assessments, dismissal letters, and any correspondence with your employer.
- Witness Statements: Collect statements from any colleagues who witnessed the events.
- Legal Representation: Consider consulting an employment lawyer to help strengthen your case.
- Tribunal Process: File a claim with the Employment Tribunal. You can provide all your evidence and witness statements during the hearing.
Would you like more detailed information on any of these steps?