Employer Safety Duty Breach

Summary

Employers must ensure a safe working environment under the Health and Safety at Work Act 1974. If dismissed for refusing unsafe work, you may have grounds for an unfair dismissal claim. Document all safety concerns and communications. Present evidence like risk assessments, dismissal letters, and any texts or emails related to safety concerns at your tribunal. Highlight the lack of a comprehensive emergency plan and reliance solely on calling 999. Emphasize that this does not meet required safety standards. Consider the Management of Health and Safety at Work Regulations 1999 for additional breaches. Brightgreen Plastics Ltd should have specific health and safety documents, but IPLs global documents might suffice if comprehensive.

Full Conversation

so if i refusesed to do this task and the employer dissmissed me for refusing then the employer are in the wrong for doing this
It sounds like you might have a valid concern under the Health and Safety at Work Act *. Employers are required to ensure a safe working environment. If you were dismissed for refusing to work in unsafe conditions, you could potentially have a case for unfair dismissal.
Have you documented your concerns and the dismissal?
is the above statement correct
It seems you were asking if the statement about the employer being wrong for dismissing you for refusing to work in unsafe conditions is correct.
In general, under the Health and Safety at Work Act *, employers must ensure a safe working environment. If you were dismissed for refusing to work in unsafe conditions, you may have grounds for an unfair dismissal claim. Documenting your concerns and the dismissal is essential.
Do you have any documentation or evidence of your concerns and the dismissal?
yes i have the risk assessment and letter saying i was dissmissed for refusing a request due to my health and saftey concerns
Case Rating: *
It seems you might have a strong case for unfair dismissal due to health and safety concerns. Would you like to be connected to local lawyers who can better assist you with your case?
If so, can you provide a bit more information about the issue?
no i wish not to be conncated by lawywers
Case Rating: *
It sounds like you have a solid case for unfair dismissal based on your health and safety concerns. Make sure to keep all documentation and evidence related to your dismissal safe. If you change your mind about seeking legal help, there are resources available to assist you with your claim.
Would you like more information on how to proceed with your case?
is this based in the uk
Case Rating: *
Yes, FreeLawChat provides legal information based on your location, and it seems your situation is relevant to UK law. Specifically, the Health and Safety at Work Act * applies here. If you need more details on how to proceed with your case, I can guide you. Would you like more information on the steps to take?
so my employer say that as it is an open vessel gas reading is not needed but the risk assessment say it must be done what should i follow
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You should follow the risk assessment as it is a documented safety measure. Employers are legally required to adhere to risk assessments to ensure a safe working environment. If the risk assessment specifies that a gas reading is necessary, it must be followed.
Do you need guidance on how to raise this issue formally?
so i refused as this saftey messure was not being done and the emgency plan is to call *. there is not document for the emgency plan what should i do for this
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You should consider the following steps:
- Document your concerns and any communications with your employer regarding the safety measures.
- Raise the issue formally with your employer, referring to the Health and Safety at Work Act *.
- If unresolved, you can report the issue to the Health and Safety Executive (HSE).
Would you like more information on how to report this to HSE?
i have reported this the hse and not furture action was taken i am have taken steps at the employment tribunal and currntly waiting for the court date. as i am waiting just getting relvent information and making sure i have eveything ready
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It sounds like you have taken appropriate steps by reporting to the HSE and pursuing an employment tribunal. Here are some tips to prepare for your tribunal:
- Ensure all your documentation (risk assessments, dismissal letters, etc.) is organized.
- Prepare a clear timeline of events.
- Gather any witness statements or additional evidence.
Would you like guidance on what to expect during the tribunal process?
my work collegues are scared to give statements as in fear of loosing there jobs like i have so i will no be able to get any witness for the event would this matter
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Yes, the absence of witness statements can affect your case but doesn't necessarily mean you can't succeed. You have strong documentary evidence which is crucial. Would you like more detailed advice on how to proceed without witness statements?
yes please
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If you don't have witness statements, you should:
- Focus on your documentary evidence (risk assessments, dismissal letters).
- Create a detailed timeline of events.
- Emphasize the employer's legal duties under the Health and Safety at Work Act *.
Would you like specific advice on presenting your evidence effectively at the tribunal?
so the employers dont have a emergency plan documented or have not submitted one. i was told it was simple to call * from the health and saftey rep onsite. how would i use this
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In your tribunal, you can highlight the absence of a documented emergency plan as a significant failure on the part of your employer to ensure a safe working environment. Point out that relying solely on calling * is inadequate and not in compliance with health and safety regulations.
Would you like more specific advice on presenting this information effectively at the tribunal?
yes please
Case Rating: *
Here are some tips for presenting the absence of a documented emergency plan at your tribunal:
- Highlight the Requirement:
- Employers must comply with the Health and Safety at Work Act *.
- Emphasize that the risk assessment specifies the need for a gas reading.
- Point Out Deficiencies:
- Note the lack of a documented emergency plan.
- Explain that relying solely on calling * is inadequate.
- Focus on Safety Standards:
- Refer to relevant health and safety regulations.
- Stress that proper documentation is essential for ensuring safety.
Would you like more advice on any other aspect of your case preparation?
without this documentation and only having what the health and saftey rep would that be ground to refuse work.
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Yes, you may have grounds to refuse work if the necessary safety documentation and measures, such as a gas reading and a documented emergency plan, are not in place. The Health and Safety at Work Act * requires employers to ensure a safe working environment.
Would you like more detailed advice on any other aspect of your case preparation?
so if somthing was to happen worse case somone passing out due to toxic gases and relying on * what would be the outcome
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
no thank you
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It sounds like you have a strong case for unfair dismissal and health and safety violations. Ensure you have all your documentation and evidence well-organized for the tribunal. If you need further assistance in preparing for your tribunal, consider seeking advice on how to present your case effectively. Good luck!
if a gas reading as not been taken and the emergency plan is to call *. also not having any trained personal in confined rescue on siite and i refuse. then i an surspended from work and then dissmissed. is this fair
Case Rating: *
Your case involves serious health and safety concerns. According to the Health and Safety at Work Act *, employers must ensure a safe working environment. If you were dismissed for refusing to work in unsafe conditions, you may have grounds for an unfair dismissal claim.
Key Points to Consider:
- Employers must adhere to risk assessments and ensure safety measures are in place.
- Document any safety concerns and communications with your employer.
- Prepare for your tribunal by organizing your evidence.
Would you like more detailed advice on any other aspect of your case preparation?
i have a text from my team leader saying that gas reading are no longer required can this be used in court.
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Yes, the text from your team leader stating that gas readings are no longer required can be used as evidence in court. It demonstrates a deviation from documented safety measures, which could support your case.
Would you like to be connected to local lawyers who can better assist you with your case?
i had teken pictuers inside the machine before the risk assessemtn was complete is the date stamp on the picture proff of this
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The date stamp on the picture could serve as evidence to show that you were inside the machine before the risk assessment was complete. This might support your claim that safety procedures were not followed.
Would you like more detailed advice on presenting this evidence effectively at your tribunal?
the employers say i could not have felt in danger as i have taken picture inside the machine is this true even do the picture were taken before i was made aware of the dangers
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Your employer's argument that you couldn't have felt in danger because you took pictures inside the machine may not hold up if you have evidence that the pictures were taken before you were made aware of the dangers. The date stamp on the pictures can help support this.
Would you like detailed advice on how to present this evidence effectively at your tribunal?
the risk assessment was completed in june and then a month later i asked my team leader for the oxygen reader and he replied dont need it. can this text be proff
Case Rating: *
Yes, the text from your team leader stating that the oxygen reader is not needed can be used as evidence in your case. It shows a disregard for the risk assessment requirements, which could support your claim for unfair dismissal related to health and safety concerns.
Would you like more detailed advice on presenting this evidence effectively at your tribunal?
i then said are you sure as it is calssed as a confined spaces it should be done and then he replied yes mate he told me i can do the premit for full week. should i find out who as told him this
Case Rating: *
It's important to accurately document all communications related to your safety concerns. Since you're preparing for a tribunal, gathering as much information as possible is crucial.
Here are some steps you can take:
- Ask your team leader who informed him that the gas reading was unnecessary.
- Document this conversation.
- Continue to gather all relevant evidence.
Would you like more advice on presenting your evidence effectively at your tribunal?
i have no contact with them anymore should i establish this in court
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You should present the lack of contact and your previous attempts to get clarification on safety measures in court. Document all your efforts and communications. Your evidence, including texts and photos, will be crucial.
Would you like more detailed advice on how to effectively present your case at the tribunal?
so at the work place there is an stand by man roles and responsibilities this say. " in an emergency the atendeant should not put themselves at risk or attempy to rescue the worker if they have become incapacitated, instead the attendant must call *. does this prove that the emegency plan is wrong
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This indicates a potential flaw in the emergency plan, as it suggests a reliance solely on calling * without additional safety measures. Here are some points to consider:
- Employers must ensure a comprehensive emergency plan under the Health and Safety at Work Act *.
- Adequate training and measures should be in place beyond just calling *.
Would you like more details on how to present this information at your tribunal?
comprehensive emergency plan under the Health and Safety at Work Act * and what are Adequate training and measures should be in place beyond just calling *
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Under the Health and Safety at Work Act *, employers must provide a comprehensive emergency plan and adequate training and measures. Here are the key points:
- Comprehensive Emergency Plan:
- Must include specific procedures for likely emergencies (e.g., gas leaks, fires).
- Should detail actions to be taken by employees during an emergency.
- Must be regularly reviewed and updated.
- Adequate Training and Measures:
- Employees should receive training on emergency procedures.
- There should be trained personnel for specific emergencies (e.g., confined space rescue).
- Regular drills and exercises should be conducted.
- Equipment and safety gear must be provided and maintained.
Would you like more detailed advice on how to present this information at your tribunal?
what is a composition cerificate
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A composition certificate typically refers to a document issued by educational institutions certifying that a student has completed a certain level of education or coursework. It is often used in academic contexts to attest to a student's academic achievements and qualifications.
Is there something specific you need to know about the composition certificate?
all gases used are traceable to N.P.L standards. what is N.P.L
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N.P.L stands for the National Physical Laboratory. It is the UK's national measurement institute and is responsible for developing and maintaining primary measurement standards. If gases are traceable to N.P.L standards, it means they meet specific accuracy and consistency criteria set by the National Physical Laboratory.
Do you need more information related to your legal issue or any specific guidance regarding workplace safety?
this is on a calibration test cretiicate that i asked for regarding the device we do not need to use
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It sounds like you have a solid understanding of your workplace safety issue and the relevant legal context. If you have a calibration test certificate indicating that the device is traceable to N.P.L standards, it emphasizes the importance of adhering to these standards in ensuring workplace safety.
Would you like specific advice on how to use this calibration test certificate in your tribunal or any other aspect of your case preparation?
how would i check a certificate is genuine
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To verify if a certificate is genuine:
*. Check for official seals, signatures, and dates.
*. Contact the issuing body directly to verify the certificate.
*. Look for any security features such as holograms or watermarks.
*. Cross-check the details with any available online verification tools from the issuing body.
Do you need more detailed advice on any other aspect of your case?
what body would i be able to check the cerrificate against
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You can check the certificate against the issuing body mentioned on the certificate itself. If it's related to gas safety, calibration, or standards, it might be issued by organizations like the National Physical Laboratory (NPL) or another accredited body. Contact them directly to verify the certificate's authenticity.
Would you like more detailed advice on any other aspect of your case preparation?
in my team leaders statement he says i raised my concerns about the emergency procedure if there was to be an accident. he then warned me he would have to send me home if i refused. is this fair.
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It is not fair for your employer to threaten to send you home for raising legitimate safety concerns. Under the Health and Safety at Work Act *, you have the right to refuse to work in unsafe conditions and to raise concerns without fear of reprisal.
Would you like more detailed advice on how to present this information effectively at your tribunal?
would this indicate that my concern was not addressed and a fair porcess of my concern was not followed and i was dissmissed unfairly
Case Rating: *
It seems like you have a strong case for unfair dismissal and health and safety violations. If your concerns about safety procedures were not properly addressed and you were dismissed for raising these issues, it could indicate an unfair dismissal.
Would you like to be connected to local lawyers who can better assist you with your case?
could this indictate that my concern was not followed up
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Yes, it indicates that your concern was not properly followed up. If your legitimate safety concerns were ignored and you were dismissed for raising them, it suggests a breach of the Health and Safety at Work Act * and potentially an unfair dismissal.
Would you like more detailed advice on how to present this information effectively at your tribunal?
yes please
Case Rating: *
Here are some tips for presenting the information effectively at your tribunal:
- Present Documentary Evidence:
- Risk assessments, dismissal letters, and any texts or emails related to safety concerns.
- Highlight the text from your team leader stating that gas readings are not required.
- Include the calibration test certificate related to the gas reading device.
- Detail the Emergency Plan Flaws:
- Point out the lack of a comprehensive emergency plan and reliance solely on calling *.
- Emphasize that this does not meet the safety standards required by the Health and Safety at Work Act *.
- Timeline of Events:
- Create and present a clear timeline of events showing when you raised concerns and the responses (or lack thereof) from your employer.

- Highlight Legal Requirements:
- Refer to the Health and Safety at Work Act *, focusing on the employer's duty to provide a safe working environment.
- Mention any specific regulations that have been breached.
Would you like more advice on any other specific aspect of your case?
what regulation may have been breached so far
Case Rating: *
Based on the details provided, the following regulations may have been breached:
- Health and Safety at Work Act *
- Employers must ensure a safe working environment.
- Failure to follow documented risk assessments and safety measures.
- Management of Health and Safety at Work Regulations *
- Employers must assess risks and implement necessary controls.
- Requirement for proper emergency procedures and training.
Would you like more detailed advice on any specific aspects of your case preparation?
brightgreen plastics ltd is part of ipl. is ipl health and safety documnets vaild in the claim
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The health and safety documents provided by IPL may be valid in your claim, especially if they outline safety procedures and standards that should be adhered to by Brightgreen Plastics Ltd. Ensure that you have all relevant documents and evidence to support your case.
Would you like more detailed advice on how to present these documents effectively at your tribunal?
should brightgreen have ther own healther and safety documnets
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Yes, Brightgreen Plastics Ltd should have their own health and safety documents. Each company must ensure that their workplace safety measures are specific and relevant to their operations, as required by the Health and Safety at Work Act *.
Would you like more detailed advice on presenting this information effectively at your tribunal?
what is a global health and safety documnet
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A global health and safety document typically refers to a set of safety protocols and procedures that apply across multiple locations or entities within a multinational organization. It ensures consistent safety standards and practices are maintained worldwide.
Would you like more detailed advice on any other aspect of your case preparation?
so if ipl have this would this be ok for brightgreen not to have its own documents
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Brightgreen Plastics Ltd should ideally have their own health and safety documents tailored to their specific operations. However, if IPL's global health and safety documents are comprehensive and applicable to Brightgreen's operations, they might be acceptable.
Would you like more detailed advice on how to present this information effectively at your tribunal?