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Workplace Safety Breach Concerns
Summary
You have raised valid concerns about workplace safety under the Confined Spaces Regulations 1997, leading to your dismissal. Key issues include inadequate emergency plans, lack of trained personnel, and failure to conduct gas monitoring. Document all evidence, including risk assessments and communication records. Consider gathering witness statements and checking your employers safety records on the HSE website. You may have grounds for unfair dismissal under Section 100 of the Health and Safety at Work Act 1974. Legal aid, Citizens Advice, or union support can provide further assistance.Full Conversation
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 valid concerns regarding workplace safety under the Confined Spaces Regulations *. Have you raised these issues with your employer, and if so, what was their response?
are these correct
It seems like there might be some confusion in your question as the answer provided does not directly respond to the questions asked. The questions are designed to gather information about your situation, but the answer given is more like a detailed complaint or explanation.
Here’s a breakdown to clarify:
*. Question: What is your name?
- Expected Answer: A name (e.g., John Smith).
*. Question: Could you let me know if you have already taken any steps to address this issue, such as filing a grievance with your employer or contacting a solicitor?
- Expected Answer: Yes, I have filed a grievance/contacted a solicitor or No, I have not.
*. Question: Have you raised these issues with your employer, and if so, what was their response?
- Expected Answer: Yes, I raised the issues, and their response was... or No, I have not raised the issues.
The detailed explanation you provided seems to be more suitable as part of a larger complaint or legal documentation rather than direct answers to the questions asked. It would be helpful to answer the questions directly to get more tailored advice.
Here’s a breakdown to clarify:
*. Question: What is your name?
- Expected Answer: A name (e.g., John Smith).
*. Question: Could you let me know if you have already taken any steps to address this issue, such as filing a grievance with your employer or contacting a solicitor?
- Expected Answer: Yes, I have filed a grievance/contacted a solicitor or No, I have not.
*. Question: Have you raised these issues with your employer, and if so, what was their response?
- Expected Answer: Yes, I raised the issues, and their response was... or No, I have not raised the issues.
The detailed explanation you provided seems to be more suitable as part of a larger complaint or legal documentation rather than direct answers to the questions asked. It would be helpful to answer the questions directly to get more tailored advice.
i have raised an issuse involving confined spaces and am now going to employment triburnal about these
Case Rating: *
It looks like you have significant concerns under the Confined Spaces Regulations *, which you believe led to your unfair dismissal. Here are some key points:
- Emergency Plans: Must be comprehensive.
- Trained Personnel: Required for confined space rescues.
- Gas Monitoring: Mandatory before entry.
- HSE Reporting: Necessary for insufficient rescue equipment.
- Risk Assessment: Must be followed.
Have you already consulted a solicitor about your case?
It looks like you have significant concerns under the Confined Spaces Regulations *, which you believe led to your unfair dismissal. Here are some key points:
- Emergency Plans: Must be comprehensive.
- Trained Personnel: Required for confined space rescues.
- Gas Monitoring: Mandatory before entry.
- HSE Reporting: Necessary for insufficient rescue equipment.
- Risk Assessment: Must be followed.
Have you already consulted a solicitor about your case?
no cant afford one seeking adviec from advcate but taking a long time
Case Rating: *
It sounds like you're preparing for an employment tribunal regarding your dismissal related to safety issues under the Confined Spaces Regulations *. Here are some key points to keep in mind:
- Emergency Plan: Should be more than just calling *.
- Trained Personnel: Stand-by and first aid personnel are mandatory.
- Gas Monitoring: Required before confined space entry.
- Risk Assessment: Must be followed as it's a legal document.
- HSE Reporting: Necessary for rescue equipment inadequacies.
Have you gathered all the necessary documentation and evidence to support your claims at the tribunal?
It sounds like you're preparing for an employment tribunal regarding your dismissal related to safety issues under the Confined Spaces Regulations *. Here are some key points to keep in mind:
- Emergency Plan: Should be more than just calling *.
- Trained Personnel: Stand-by and first aid personnel are mandatory.
- Gas Monitoring: Required before confined space entry.
- Risk Assessment: Must be followed as it's a legal document.
- HSE Reporting: Necessary for rescue equipment inadequacies.
Have you gathered all the necessary documentation and evidence to support your claims at the tribunal?
is there any other points i could add
Case Rating: *
You seem to have a strong case regarding your dismissal and the violations of the Confined Spaces Regulations *. Here are some additional points you might consider:
- Witness Statements: Gather statements from colleagues who can corroborate your claims about the lack of safety measures.
- Past Incidents: Document any previous safety breaches or near-misses that support your concerns.
- Employer’s Safety Records: Check if your employer has a history of non-compliance with safety regulations.
Have you gathered any witness statements or past incident reports to strengthen your case?
You seem to have a strong case regarding your dismissal and the violations of the Confined Spaces Regulations *. Here are some additional points you might consider:
- Witness Statements: Gather statements from colleagues who can corroborate your claims about the lack of safety measures.
- Past Incidents: Document any previous safety breaches or near-misses that support your concerns.
- Employer’s Safety Records: Check if your employer has a history of non-compliance with safety regulations.
Have you gathered any witness statements or past incident reports to strengthen your case?
how would i check the records is there a site i can use
Case Rating: *
You might find the information about your employer's safety records on the Health and Safety Executive (HSE) website. You can search for enforcement actions and notices related to your employer there.
Would you like more information on how to access these records?
You might find the information about your employer's safety records on the Health and Safety Executive (HSE) website. You can search for enforcement actions and notices related to your employer there.
Would you like more information on how to access these records?
yes please
Case Rating: *
You can access your employer's safety records through the Health and Safety Executive (HSE) website. Here's how:
- Visit www.hse.gov.uk.
- Use the search function to look up enforcement actions and notices.
- You can also check the public register of prosecutions.
Would you like more details on how to present this information at your tribunal?
You can access your employer's safety records through the Health and Safety Executive (HSE) website. Here's how:
- Visit www.hse.gov.uk.
- Use the search function to look up enforcement actions and notices.
- You can also check the public register of prosecutions.
Would you like more details on how to present this information at your tribunal?
yes please
Case Rating: *
To present this information at your tribunal, consider the following steps:
- Print Evidence: Print out the HSE enforcement actions and notices related to your employer.
- Organize Documents: Arrange all your documents chronologically.
- Create a Summary: Write a summary linking the evidence to your claims.
Good luck with your tribunal!
To present this information at your tribunal, consider the following steps:
- Print Evidence: Print out the HSE enforcement actions and notices related to your employer.
- Organize Documents: Arrange all your documents chronologically.
- Create a Summary: Write a summary linking the evidence to your claims.
Good luck with your tribunal!
can some enforements not be recorded
Case Rating: *
Some enforcement actions might not be publicly recorded or available on the Health and Safety Executive (HSE) website. However, most significant enforcement actions should be documented there.
Have you already checked the HSE website for any records related to your employer?
Some enforcement actions might not be publicly recorded or available on the Health and Safety Executive (HSE) website. However, most significant enforcement actions should be documented there.
Have you already checked the HSE website for any records related to your employer?
yes but finding it hard to search
Case Rating: *
It can sometimes be challenging to navigate through the HSE website. Here are a few tips:
- Use specific keywords, like your employer's name and "enforcement notice".
- Check the sections for "Enforcement" and "Public Register of Convictions."
- Contact HSE directly if you need further assistance finding records.
Would you like more specific guidance on presenting your case at the tribunal?
It can sometimes be challenging to navigate through the HSE website. Here are a few tips:
- Use specific keywords, like your employer's name and "enforcement notice".
- Check the sections for "Enforcement" and "Public Register of Convictions."
- Contact HSE directly if you need further assistance finding records.
Would you like more specific guidance on presenting your case at the tribunal?
are you able to help with the search am looking for ipl brightgreen plastics ltd
Case Rating: *
It sounds like you have a strong case related to safety issues under the Confined Spaces Regulations * and unfair dismissal. Here are some additional tips to strengthen your case:
- Witness Statements: Gather statements from colleagues who can corroborate your claims.
- Past Incidents: Document any previous safety breaches or near-misses.
- Employer’s Safety Records: Check for any history of non-compliance with safety regulations.
It sounds like you have a strong case related to safety issues under the Confined Spaces Regulations * and unfair dismissal. Here are some additional tips to strengthen your case:
- Witness Statements: Gather statements from colleagues who can corroborate your claims.
- Past Incidents: Document any previous safety breaches or near-misses.
- Employer’s Safety Records: Check for any history of non-compliance with safety regulations.
How to Search HSE Records:
*. Visit the HSE website: [www.hse.gov.uk](http://www.hse.gov.uk)
*. Use specific search terms like "IPL Brightgreen Plastics Ltd enforcement notice".
*. Check sections for "Enforcement" and "Public Register of Convictions".
*. Contact HSE directly for further assistance if needed.
Would you like any more specific guidance on presenting your case at the tribunal?
*. Visit the HSE website: [www.hse.gov.uk](http://www.hse.gov.uk)
*. Use specific search terms like "IPL Brightgreen Plastics Ltd enforcement notice".
*. Check sections for "Enforcement" and "Public Register of Convictions".
*. Contact HSE directly for further assistance if needed.
Would you like any more specific guidance on presenting your case at the tribunal?
can hse be in breach of anything if bright green are found to be in breach and i have already reported it to HSE
Case Rating: *
It appears you have valid concerns about the safety breaches and your unfair dismissal. Here are some points to consider:
- HSE itself is unlikely to be in breach, but your employer might be if they failed to meet legal safety requirements.
- HSE may investigate and take relevant enforcement actions against your employer if they find substantial breaches.
Would you like more details on how to strengthen your case for the tribunal?
It appears you have valid concerns about the safety breaches and your unfair dismissal. Here are some points to consider:
- HSE itself is unlikely to be in breach, but your employer might be if they failed to meet legal safety requirements.
- HSE may investigate and take relevant enforcement actions against your employer if they find substantial breaches.
Would you like more details on how to strengthen your case for the tribunal?
hse have not found anything wrong but i have found many things wrong would that mean hse did not do the job
Case Rating: *
It sounds like you have a solid case regarding the safety breaches under the Confined Spaces Regulations *. Here are a few points to consider:
- Document all evidence and discrepancies you have found.
- Consider obtaining witness statements.
Have you considered reaching out to a legal advice service or a union for further support?
It sounds like you have a solid case regarding the safety breaches under the Confined Spaces Regulations *. Here are a few points to consider:
- Document all evidence and discrepancies you have found.
- Consider obtaining witness statements.
Have you considered reaching out to a legal advice service or a union for further support?
so my ex employer did not follow the risk assessment and i wanted to and i was dissmissed for refuseing to do it there way
Case Rating: *
It sounds like you have a potential case for unfair dismissal, especially if you can demonstrate that your employer did not follow proper safety regulations.
Here are some key points to consider:
- Document all your evidence and discrepancies.
- Gather witness statements from colleagues.
- Present any communication history with your employer about the safety concerns.
Have you already submitted your claim to the employment tribunal?
It sounds like you have a potential case for unfair dismissal, especially if you can demonstrate that your employer did not follow proper safety regulations.
Here are some key points to consider:
- Document all your evidence and discrepancies.
- Gather witness statements from colleagues.
- Present any communication history with your employer about the safety concerns.
Have you already submitted your claim to the employment tribunal?
so may employer said to me in a text message that gas reading do not need to be done but on the risk assessment it does. would that give me ground to refuse the work under section * of hswa
Case Rating: *
Yes, you may have grounds to refuse the work under Section * of the Health and Safety at Work Act * (HSWA) if you believe that the working conditions posed a serious and imminent danger to your health and safety.
- Ensure to keep the text message from your employer as evidence.
- Document the risk assessment stating that gas readings are required.
Do you have any other evidence or witness statements supporting your claim?
Yes, you may have grounds to refuse the work under Section * of the Health and Safety at Work Act * (HSWA) if you believe that the working conditions posed a serious and imminent danger to your health and safety.
- Ensure to keep the text message from your employer as evidence.
- Document the risk assessment stating that gas readings are required.
Do you have any other evidence or witness statements supporting your claim?
woudl i need to prove anything else like the emgency plan was to call * and this would not be safe as there is no equipment on site for confind space
Case Rating: *
You should gather as much evidence as possible to support your claim. Here's what you can focus on:
- Emergency Plan: Show that the plan to call * is insufficient and lacks immediate on-site rescue capabilities.
- Risk Assessment: Provide the document stating that gas readings are required.
- Communication Records: Keep all text messages and emails regarding safety procedures.
- Witness Statements: Collect statements from colleagues who can confirm the lack of safety measures.
Have you already collected witness statements or contacted your colleagues for their support?
You should gather as much evidence as possible to support your claim. Here's what you can focus on:
- Emergency Plan: Show that the plan to call * is insufficient and lacks immediate on-site rescue capabilities.
- Risk Assessment: Provide the document stating that gas readings are required.
- Communication Records: Keep all text messages and emails regarding safety procedures.
- Witness Statements: Collect statements from colleagues who can confirm the lack of safety measures.
Have you already collected witness statements or contacted your colleagues for their support?
there is no documents for the emrgency plan
Case Rating: *
It sounds like you have a substantial case regarding safety violations and unfair dismissal. Here are the key points to bolster your claim:
- Emergency Plan: Highlight the absence of a comprehensive emergency plan, which should include immediate on-site rescue capabilities.
- Risk Assessment: Emphasize the requirement for gas readings.
- Communication Records: Present text messages and emails showing the disregard for safety procedures.
Have you collected any witness statements or other forms of evidence to support your case at the tribunal?
It sounds like you have a substantial case regarding safety violations and unfair dismissal. Here are the key points to bolster your claim:
- Emergency Plan: Highlight the absence of a comprehensive emergency plan, which should include immediate on-site rescue capabilities.
- Risk Assessment: Emphasize the requirement for gas readings.
- Communication Records: Present text messages and emails showing the disregard for safety procedures.
Have you collected any witness statements or other forms of evidence to support your case at the tribunal?
They have already admitted not doing the gas reading, witch break H&S they have stated on my dismissal letter i refused on H&s grounds. They have broke their own risk assessment, I think this alone without anything else we will be bringing up is proof enough to moved forward to trial
Case Rating: *
It looks like you have a strong case for unfair dismissal based on health and safety grounds. Would you like to be connected to local lawyers who can better assist you with your case?
If so, can you give me a bit more information about the issue?
It looks like you have a strong case for unfair dismissal based on health and safety grounds. Would you like to be connected to local lawyers who can better assist you with your case?
If so, can you give me a bit more information about the issue?
what information would you like
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? If so, can you give me a bit more information about the issue?
Would you like to be connected to local lawyers who can better assist you with your case? If so, can you give me a bit more information about the issue?
no i would like to contuine with this
Case Rating: *
It seems like you have a solid foundation for your case based on the breach of safety regulations and unfair dismissal. Here are a few additional points you might consider:
- Legal Precedents: Research any legal precedents where employees have successfully argued unfair dismissal on health and safety grounds.
- Expert Testimony: Consider obtaining an expert's opinion on the safety measures and their adequacy.
Would you like more guidance on any specific aspect of your case?
It seems like you have a solid foundation for your case based on the breach of safety regulations and unfair dismissal. Here are a few additional points you might consider:
- Legal Precedents: Research any legal precedents where employees have successfully argued unfair dismissal on health and safety grounds.
- Expert Testimony: Consider obtaining an expert's opinion on the safety measures and their adequacy.
Would you like more guidance on any specific aspect of your case?
are you able to help mi in court
Case Rating: *
It sounds like you have a strong case for unfair dismissal based on health and safety grounds. Unfortunately, I cannot represent you in court. However, here are a few steps you can take:
- Legal Aid: Check if you qualify for legal aid.
- Citizen's Advice: Contact your local Citizen's Advice Bureau for legal support.
- Union Support: If you're part of a union, they can provide legal assistance.
Would you like more detailed information on any of these resources?
It sounds like you have a strong case for unfair dismissal based on health and safety grounds. Unfortunately, I cannot represent you in court. However, here are a few steps you can take:
- Legal Aid: Check if you qualify for legal aid.
- Citizen's Advice: Contact your local Citizen's Advice Bureau for legal support.
- Union Support: If you're part of a union, they can provide legal assistance.
Would you like more detailed information on any of these resources?
what regulation makes the risk assessment a legal document
Case Rating: *
In England, the legal requirement for risk assessments comes from the Management of Health and Safety at Work Regulations *. Key points include:
- Employers must conduct a "suitable and sufficient" risk assessment.
- The risk assessment must be documented if there are five or more employees.
- Employers must act on the findings to ensure health and safety.
Would you like more details on how to proceed with your tribunal case?
In England, the legal requirement for risk assessments comes from the Management of Health and Safety at Work Regulations *. Key points include:
- Employers must conduct a "suitable and sufficient" risk assessment.
- The risk assessment must be documented if there are five or more employees.
- Employers must act on the findings to ensure health and safety.
Would you like more details on how to proceed with your tribunal case?
can you give me more information abou this
Case Rating: *
Sure, here's more information on the importance of risk assessments and the relevant regulations:
- Legal Requirement: Under the Management of Health and Safety at Work Regulations *, employers must conduct a "suitable and sufficient" risk assessment.
- Documentation: If there are five or more employees, the risk assessment must be documented.
- Action: Employers must act on the findings of the risk assessment to ensure health and safety.
Sure, here's more information on the importance of risk assessments and the relevant regulations:
- Legal Requirement: Under the Management of Health and Safety at Work Regulations *, employers must conduct a "suitable and sufficient" risk assessment.
- Documentation: If there are five or more employees, the risk assessment must be documented.
- Action: Employers must act on the findings of the risk assessment to ensure health and safety.
Additional Points to Strengthen Your Case:
*. Emergency Plan: Highlight the lack of a comprehensive emergency plan.
*. Witness Statements: Gather statements from colleagues.
*. Communication Records: Present all relevant texts and emails.
Have you collected all the necessary documents and witness statements for your tribunal?
*. Emergency Plan: Highlight the lack of a comprehensive emergency plan.
*. Witness Statements: Gather statements from colleagues.
*. Communication Records: Present all relevant texts and emails.
Have you collected all the necessary documents and witness statements for your tribunal?
cna you check if this is ok to regect an offer
Case Rating: *
It looks like you have a solid case for unfair dismissal based on health and safety grounds. Here are key points for rejecting an offer:
- Emergency Plan: Inadequate emergency plan (calling * only).
- Trained Personnel: Lack of stand-by and first aid personnel.
- Gas Monitoring: Failure to conduct necessary gas readings.
- Risk Assessment: Non-compliance with documented risk assessment.
- HSE Reporting: Potential breach of health and safety regulations.
Would you like more guidance on responding to the offer?
It looks like you have a solid case for unfair dismissal based on health and safety grounds. Here are key points for rejecting an offer:
- Emergency Plan: Inadequate emergency plan (calling * only).
- Trained Personnel: Lack of stand-by and first aid personnel.
- Gas Monitoring: Failure to conduct necessary gas readings.
- Risk Assessment: Non-compliance with documented risk assessment.
- HSE Reporting: Potential breach of health and safety regulations.
Would you like more guidance on responding to the offer?
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