Unfair Dismissal Tribunal Guidance

Summary

In England, employees can refuse work posing serious danger, and employers must ensure safety. Document all safety concerns and responses. Gather evidence and witness statements for your tribunal. Consult a legal advisor for guidance.

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*. You refused to carry out the task to enter confined spaces (ballistic separator) due to your health and safety concerns Prior to the hearing you were provided with copies of the evidence detailing the allegations, along with the relevant policies. You gave the following explanations: you are not satisfied with the emergency plan in place and felt intimidated when being explained to the confined spaces process for the task. You were informed that these matters of concern were gross misconduct and the possible outcome may be dismissal without notice. After careful consideration, I decided to summarily dismiss you for gross misconduct,
It seems like you are dealing with a dismissal for gross misconduct related to health and safety concerns. In England, employees have certain rights and protections in such situations.
Here are a few points to consider:
- Employees have the right to refuse work that they believe poses a serious and imminent danger.
- Employers must provide a safe working environment, including adequate emergency plans.
- Gross misconduct must be clearly defined in the company's policies and procedures.
To help you further, can you clarify if you have already appealed the dismissal or plan to do so?
i have appealed and ongoing empolment tribunal
Got it, since your appeal is ongoing, it’s important to ensure you have all the necessary documents and evidence. Here's some general advice:
- Ensure you have copies of all relevant documents, including the company's policies and your communications with them.
- Gather evidence supporting your health and safety concerns.
- Consider getting witness statements from colleagues.
Have you consulted with a legal advisor or representative for your tribunal?
I have been raising safety concerns on this matter since April/May * asking question like is it classed as confined space. At the beginning it was not, Following this I asked to see the risk assessment and this was not complete at the time of asking. As it stats on the risk assessment, the risk assessment was completed in June and it was now a confined space. Now having to get a work permit to continue with the work. After many times of doing the work I started to notice that things on the work permit was not being filled in like the gas reading before entre I started to question why this was not being done. Again raising my concerns to the line manager and he then telling me to go see health and safety. After seeing the health and safety team a few more times I then asked for the risk assessment and the rescue plan. I was given the risk assessment to take away and read also being told that the rescue plan was to call *.
It sounds like you have a strong case regarding the safety concerns and the company's response. Here are a few additional steps you might consider:
- Document all instances where you raised concerns and the responses you received.
- Keep records of any unsafe practices or lack of adherence to safety protocols.
- Highlight any inconsistencies in the company's documentation.
Would you like to be connected with local lawyers who can better assist you with your case?
After going home and researching the information that had been given, I then found out that we had been working on a machine a few months without a risk assessment also key safety requirements (e.g., gas readings, provision of water, and emergency plan) were not implemented. The rescue plan was inadequate under HSE guidance. I did not refuse at this stage in fear of losing my job. After months of verbally raising concerns about the rescue plan nothing was being done and was told it was to IPL standard. In November we then had training in confined spaces which only further confirmed my understand that things were not being done on site. I then started to research my rights regarding this and in February refused to work which then resulted in me being dismissed.
Case Rating: *
It sounds like you have a strong case given the ongoing safety concerns and improper handling by your employer. Would you like to connect with local lawyers who can better assist you with your case?
If yes, can you please provide your phone number?
In respect of the gas readings the Claimant fairly conceded this in the Preliminary Hearing “The Claimant accepts that there was in general little or no exposure to toxic gases, and that there was no particular reason to expect on this occasion ha he may be so exposed.” The Claimant was well aware, from his own experience, that there were no issues with the oxygen supply whilst in the machine. This was also not part of his pleaded claim on his ET1. The Respondent also made this position clear to the regulator – the Health and Safety Executive.
Case Rating: *
It seems that you have substantial evidence and documentation regarding your health and safety concerns, as well as your employer's inadequate response. This can strengthen your case in the employment tribunal.
Would you like to be connected with local lawyers who can better assist you with your case? If yes, please provide your phone number.